Senate Bill sb2498

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    Florida Senate - 2007                                  SB 2498

    By Senator Garcia





    40-1745A-07

  1                      A bill to be entitled

  2         An act relating to the Citizens Property

  3         Insurance Corporation; amending s. 627.351,

  4         F.S.; revising legislative findings to provide

  5         a finding that the lack of affordable property

  6         insurance threatens the public health, safety,

  7         and welfare and threatens the economic health

  8         of the state; authorizing the corporation to

  9         offer multiperil coverage, wind-only coverage,

10         or both types of coverage in the high-risk

11         account; providing legislative intent that such

12         coverage not affect the creditworthiness of or

13         security for outstanding financing obligations

14         of the high-risk account, the personal lines

15         account, or the commercial lines account;

16         authorizing a policyholder to choose coverage

17         from the corporation regardless of the

18         availability of other coverage under certain

19         circumstances; deleting certain limitations on

20         eligibility for a policy issued by the

21         corporation; revising requirements for the

22         corporation in determining whether an

23         individual risk is eligible for coverage;

24         deleting provisions providing that a

25         policyholder is no longer eligible for coverage

26         if an authorized insurer offers coverage at an

27         approved rate; prohibiting issuance of new

28         certificates of authority to certain insurers;

29         providing for expiration of existing

30         certificates of authority of certain insurers;

31         prohibiting the Office of Insurance Regulation

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    Florida Senate - 2007                                  SB 2498
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 1         and the Financial Services Commission from

 2         renewing or reissuing existing certificates of

 3         authority of certain insurers; requiring rate

 4         filings of certain insurers to include certain

 5         parent company profits information; providing

 6         effective dates.

 7  

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

 9  

10         Section 1.  Paragraphs (a), (b), and (c) of subsection

11  (6) of section 627.351, Florida Statutes, as amended by

12  section 21 of chapter 2007-1, Laws of Florida, is amended to

13  read:

14         627.351  Insurance risk apportionment plans.--

15         (6)  CITIZENS PROPERTY INSURANCE CORPORATION.--

16         (a)1.  The Legislature finds that private insurers are

17  unwilling or unable to provide affordable property insurance

18  coverage in this state to the extent sought and needed. The

19  absence of affordable property insurance threatens the public

20  health, safety, and welfare and likewise threatens the

21  economic health of the state. The Legislature finds therefore

22  that it is a compelling public interest and public purpose to

23  assist in ensuring that property in the state is insured and

24  that it is insured at affordable rates so as to facilitate the

25  remediation, reconstruction, and replacement of damaged or

26  destroyed property in order to reduce or avoid the negative

27  effects otherwise resulting to the public health, safety, and

28  welfare; to the economy of the state; and to the revenues of

29  the state and local governments which are needed to provide

30  for the public welfare. It is necessary, therefore, to provide

31  affordable property insurance to applicants who are in good

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    Florida Senate - 2007                                  SB 2498
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 1  faith entitled to procure insurance through the voluntary

 2  market but are unable to do so. The Legislature intends by

 3  this subsection that affordable property insurance be provided

 4  and that it continue, as long as necessary, through an entity

 5  that is not devoted to private profitmaking pursuits and that

 6  is organized to achieve efficiencies and economies, while

 7  providing service to policyholder, applicants, and agents

 8  which equals or exceeds the quality generally provided in the

 9  voluntary market, all toward the achievement of the foregoing

10  public purposes. To that end, such entity shall strive to

11  increase the availability of affordable property insurance in

12  this state and shall offer the lowest rates possible

13  consistent with sound business practices. Because it is

14  essential for the corporation to have the maximum financial

15  resources to pay claims following a catastrophic hurricane, it

16  is the intent of the Legislature that the income of the

17  corporation be exempt from federal income taxation and that

18  interest on the debt obligations issued by the corporation be

19  exempt from federal income taxation. The Legislature finds

20  that actual and threatened catastrophic losses to property in

21  this state from hurricanes have caused insurers to be

22  unwilling or unable to provide property insurance coverage to

23  the extent sought and needed. It is in the public interest and

24  a public purpose to assist in assuring that property in the

25  state is insured so as to facilitate the remediation,

26  reconstruction, and replacement of damaged or destroyed

27  property in order to reduce or avoid the negative effects

28  otherwise resulting to the public health, safety, and welfare;

29  to the economy of the state; and to the revenues of the state

30  and local governments needed to provide for the public

31  welfare. It is necessary, therefore, to provide property

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    Florida Senate - 2007                                  SB 2498
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 1  insurance to applicants who are in good faith entitled to

 2  procure insurance through the voluntary market but are unable

 3  to do so. The Legislature intends by this subsection that

 4  property insurance be provided and that it continues, as long

 5  as necessary, through an entity organized to achieve

 6  efficiencies and economies, while providing service to

 7  policyholders, applicants, and agents that is no less than the

 8  quality generally provided in the voluntary market, all toward

 9  the achievement of the foregoing public purposes. Because it

10  is essential for the corporation to have the maximum financial

11  resources to pay claims following a catastrophic hurricane, it

12  is the intent of the Legislature that the income of the

13  corporation be exempt from federal income taxation and that

14  interest on the debt obligations issued by the corporation be

15  exempt from federal income taxation.

16         2.  The Residential Property and Casualty Joint

17  Underwriting Association originally created by this statute

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

19  Insurance Corporation. The corporation shall provide insurance

20  for residential and commercial property, for applicants who

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

22  insurance through the voluntary market. The corporation shall

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

24  the Financial Services Commission. The plan is subject to

25  continuous review by the commission. The commission may, by

26  order, withdraw approval of all or part of a plan if the

27  commission determines that conditions have changed since

28  approval was granted and that the purposes of the plan require

29  changes in the plan. The corporation shall continue to operate

30  pursuant to the plan of operation approved by the Office of

31  Insurance Regulation until October 1, 2006. For the purposes

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 1  of this subsection, residential coverage includes both

 2  personal lines residential coverage, which consists of the

 3  type of coverage provided by homeowner's, mobile home owner's,

 4  dwelling, tenant's, condominium unit owner's, and similar

 5  policies, and commercial lines residential coverage, which

 6  consists of the type of coverage provided by condominium

 7  association, apartment building, and similar policies.

 8         3.  For the purposes of this subsection, the term

 9  "homestead property" means:

10         a.  Property that has been granted a homestead

11  exemption under chapter 196;

12         b.  Property for which the owner has a current, written

13  lease with a renter for a term of at least 7 months and for

14  which the dwelling is insured by the corporation for $200,000

15  or less;

16         c.  An owner-occupied mobile home or manufactured home,

17  as defined in s. 320.01, which is permanently affixed to real

18  property, is owned by a Florida resident, and has been granted

19  a homestead exemption under chapter 196 or, if the owner does

20  not own the real property, the owner certifies that the mobile

21  home or manufactured home is his or her principal place of

22  residence;

23         d.  Tenant's coverage;

24         e.  Commercial lines residential property; or

25         f.  Any county, district, or municipal hospital; a

26  hospital licensed by any not-for-profit corporation qualified

27  under s. 501(c)(3) of the United States Internal Revenue Code;

28  or a continuing care retirement community that is certified

29  under chapter 651 and that receives an exemption from ad

30  valorem taxes under chapter 196.

31  

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 1         4.  For the purposes of this subsection, the term

 2  "nonhomestead property" means property that is not homestead

 3  property.

 4         5.  Effective July 1, 2008, a personal lines

 5  residential structure that has a dwelling replacement cost of

 6  $1 million or more, or a single condominium unit that has a

 7  combined dwelling and content replacement cost of $1 million

 8  or more is not eligible for coverage by the corporation. Such

 9  dwellings insured by the corporation on June 30, 2008, may

10  continue to be covered by the corporation until the end of the

11  policy term. However, such dwellings that are insured by the

12  corporation and become ineligible for coverage due to the

13  provisions of this subparagraph may reapply and obtain

14  coverage in the high-risk account and be considered

15  "nonhomestead property" if the property owner provides the

16  corporation with a sworn affidavit from one or more insurance

17  agents, on a form provided by the corporation, stating that

18  the agents have made their best efforts to obtain coverage and

19  that the property has been rejected for coverage by at least

20  one authorized insurer and at least three surplus lines

21  insurers. If such conditions are met, the dwelling may be

22  insured by the corporation for up to 3 years, after which time

23  the dwelling is ineligible for coverage. The office shall

24  approve the method used by the corporation for valuing the

25  dwelling replacement cost for the purposes of this

26  subparagraph. If a policyholder is insured by the corporation

27  prior to being determined to be ineligible pursuant to this

28  subparagraph and such policyholder files a lawsuit challenging

29  the determination, the policyholder may remain insured by the

30  corporation until the conclusion of the litigation.

31  

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 1         6.  For properties constructed on or after January 1,

 2  2009, the corporation may not insure any property located

 3  within 2,500 feet landward of the coastal construction control

 4  line created pursuant to s. 161.053 unless the property meets

 5  the requirements of the code-plus building standards developed

 6  by the Florida Building Commission.

 7         7.  It is the intent of the Legislature that

 8  policyholders, applicants, and agents of the corporation

 9  receive service and treatment of the highest possible level

10  but never less than that generally provided in the voluntary

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

12  service standards no less than those applied to insurers in

13  the voluntary market by the office with respect to

14  responsiveness, timeliness, customer courtesy, and overall

15  dealings with policyholders, applicants, or agents of the

16  corporation.

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

18  subject lines of business in this state are subject to

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

20  subsection, are referred to collectively as "assessable

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

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

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

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

25  VIII of chapter 626 are subject to assessment by the

26  corporation and are referred to collectively as "assessable

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

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

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

30  transact insurance for subject lines of business in this state

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

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

 2  authority to transact insurance for subject lines of business

 3  in this state.

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

 5  expenses of the corporation shall be divided into three

 6  separate accounts as follows:

 7         (I)  A personal lines account for personal residential

 8  policies issued by the corporation or issued by the

 9  Residential Property and Casualty Joint Underwriting

10  Association and renewed by the corporation that provide

11  comprehensive, multiperil coverage on risks that are not

12  located in areas eligible for coverage in the Florida

13  Windstorm Underwriting Association as those areas were defined

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

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

16  such areas;

17         (II)  A commercial lines account for commercial

18  residential and commercial nonresidential policies issued by

19  the corporation or issued by the Residential Property and

20  Casualty Joint Underwriting Association and renewed by the

21  corporation that provide coverage for basic property perils on

22  risks that are not located in areas eligible for coverage in

23  the Florida Windstorm Underwriting Association as those areas

24  were defined on January 1, 2002, and for such policies that do

25  not provide coverage for the peril of wind on risks that are

26  located in such areas; and

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

28  policies and commercial residential and commercial

29  nonresidential property policies issued by the corporation or

30  transferred to the corporation that provide coverage for the

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

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 1  coverage in the Florida Windstorm Underwriting Association as

 2  those areas were defined on January 1, 2002. Beginning July 1,

 3  2007, the corporation may offer multiperil coverage, wind-only

 4  coverage, or both types of coverage in the high-risk account.

 5  In issuing multiperil coverage, the corporation may use its

 6  approved policy forms and rates for personal lines accounts

 7  through December 31, 2007. It is the intent of the Legislature

 8  that the offer of multiperil coverage in the high-risk account

 9  be made and implemented in a manner that does not adversely

10  affect the creditworthiness of or security for currently

11  outstanding financing obligations or credit facilities of the

12  high-risk account, the personal lines account, or the

13  commercial lines account. Subject to the approval of a

14  business plan by the Financial Services Commission and

15  Legislative Budget Commission as provided in this

16  sub-sub-subparagraph, but no earlier than March 31, 2007, the

17  corporation may offer policies that provide multiperil

18  coverage and the corporation shall continue to offer policies

19  that provide coverage only for the peril of wind for risks

20  located in areas eligible for coverage in the high-risk

21  account. In issuing multiperil coverage, the corporation may

22  use its approved policy forms and rates for the personal lines

23  account. An applicant or insured who is eligible to purchase a

24  multiperil policy from the corporation may purchase a

25  multiperil policy from an authorized insurer without prejudice

26  to the applicant's or insured's eligibility to prospectively

27  purchase a policy that provides coverage only for the peril of

28  wind from the corporation. An applicant or insured who is

29  eligible for a corporation policy that provides coverage only

30  for the peril of wind may elect to purchase or retain such

31  policy and also purchase or retain coverage excluding wind

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 1  from an authorized insurer without prejudice to the

 2  applicant's or insured's eligibility to prospectively purchase

 3  a policy that provides multiperil coverage from the

 4  corporation. It is the goal of the Legislature that there

 5  would be an overall average savings of 10 percent or more for

 6  a policyholder who currently has a wind-only policy with the

 7  corporation, and an ex-wind policy with a voluntary insurer or

 8  the corporation, and who then obtains a multiperil policy from

 9  the corporation. It is the intent of the Legislature that the

10  offer of multiperil coverage in the high-risk account be made

11  and implemented in a manner that does not adversely affect the

12  tax-exempt status of the corporation or creditworthiness of or

13  security for currently outstanding financing obligations or

14  credit facilities of the high-risk account, the personal lines

15  account, or the commercial lines account. By March 1, 2007,

16  the corporation shall prepare and submit for approval by the

17  Financial Services Commission and Legislative Budget

18  Commission a report detailing the corporation's business plan

19  for issuing multiperil coverage in the high-risk account. The

20  business plan shall be approved or disapproved within 30 days

21  after receipt, as submitted or modified and resubmitted by the

22  corporation. The business plan must include: the impact of

23  such multiperil coverage on the corporation's financial

24  resources, the impact of such multiperil coverage on the

25  corporation's tax-exempt status, the manner in which the

26  corporation plans to implement the processing of applications

27  and policy forms for new and existing policyholders, the

28  impact of such multiperil coverage on the corporation's

29  ability to deliver customer service at the high level required

30  by this subsection, the ability of the corporation to process

31  claims, the ability of the corporation to quote and issue

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 1  policies, the impact of such multiperil coverage on the

 2  corporation's agents, the impact of such multiperil coverage

 3  on the corporation's existing policyholders, and the impact of

 4  such multiperil coverage on rates and premium. The high-risk

 5  account must also include quota share primary insurance under

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

 7  high-risk account also includes the area within Port

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

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

10  bordered on the north by Federal Government property.

11         b.  The three separate accounts must be maintained as

12  long as financing obligations entered into by the Florida

13  Windstorm Underwriting Association or Residential Property and

14  Casualty Joint Underwriting Association are outstanding, in

15  accordance with the terms of the corresponding financing

16  documents. When the financing obligations are no longer

17  outstanding, in accordance with the terms of the corresponding

18  financing documents, the corporation may use a single account

19  for all revenues, assets, liabilities, losses, and expenses of

20  the corporation. Consistent with the requirement of this

21  subparagraph and prudent investment policies that minimize the

22  cost of carrying debt, the board shall exercise its best

23  efforts to retire existing debt or to obtain approval of

24  necessary parties to amend the terms of existing debt, so as

25  to structure the most efficient plan to consolidate the three

26  separate accounts into a single account. By February 1, 2007,

27  the board shall submit a report to the Financial Services

28  Commission, the President of the Senate, and the Speaker of

29  the House of Representatives which includes an analysis of

30  consolidating the accounts, the actions the board has taken to

31  

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 1  minimize the cost of carrying debt, and its recommendations

 2  for executing the most efficient plan.

 3         c.  Creditors of the Residential Property and Casualty

 4  Joint Underwriting Association shall have a claim against, and

 5  recourse to, the accounts referred to in sub-sub-subparagraphs

 6  a.(I) and (II) and shall have no claim against, or recourse

 7  to, the account referred to in sub-sub-subparagraph a.(III).

 8  Creditors of the Florida Windstorm Underwriting Association

 9  shall have a claim against, and recourse to, the account

10  referred to in sub-sub-subparagraph a.(III) and shall have no

11  claim against, or recourse to, the accounts referred to in

12  sub-sub-subparagraphs a.(I) and (II).

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

14  not attributable to particular accounts shall be prorated

15  among the accounts.

16         e.  The Legislature finds that the revenues of the

17  corporation are revenues that are necessary to meet the

18  requirements set forth in documents authorizing the issuance

19  of bonds under this subsection.

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

21  to the benefit of any private person.

22         3.  With respect to a deficit in an account:

23         a.  When the deficit incurred in a particular calendar

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

25  direct written premium for the subject lines of business for

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

27  through regular assessments of assessable insurers under

28  paragraph (p) and assessable insureds.

29         b.  When the deficit incurred in a particular calendar

30  year exceeds 10 percent of the aggregate statewide direct

31  written premium for the subject lines of business for the

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 1  prior calendar year, the corporation shall levy regular

 2  assessments on assessable insurers under paragraph (p) and on

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

 4  percent of the deficit or 10 percent of the aggregate

 5  statewide direct written premium for the subject lines of

 6  business for the prior calendar year. Any remaining deficit

 7  shall be recovered through emergency assessments under

 8  sub-subparagraph d.

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

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

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

12  direct written premium for the subject lines of business for

13  the year preceding the assessment bears to the aggregate

14  statewide direct written premium for the subject lines of

15  business for that year. The assessment percentage applicable

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

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

18  the aggregate statewide direct written premium for the subject

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

20  the corporation on assessable insurers under sub-subparagraphs

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

22  of operation and paragraph (p). Notwithstanding any other

23  provision of this subsection, the aggregate amount of a

24  regular assessment for a deficit incurred in a particular

25  calendar year shall be reduced by the estimated amount to be

26  received by the corporation from the Citizens policyholder

27  surcharge under subparagraph (c)11. and the amount collected

28  or estimated to be collected from the assessment on Citizens

29  policyholders pursuant to sub-subparagraph i. Assessments

30  levied by the corporation on assessable insureds under

31  sub-subparagraphs a. and b. shall be collected by the surplus

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 1  lines agent at the time the surplus lines agent collects the

 2  surplus lines tax required by s. 626.932 and shall be paid to

 3  the Florida Surplus Lines Service Office at the time the

 4  surplus lines agent pays the surplus lines tax to the Florida

 5  Surplus Lines Service Office. Upon receipt of regular

 6  assessments from surplus lines agents, the Florida Surplus

 7  Lines Service Office shall transfer the assessments directly

 8  to the corporation as determined by the corporation.

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

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

11  recovered through regular assessments under sub-subparagraph

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

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

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

15  assessable insurers and the corporation and collected from

16  assessable insureds upon issuance or renewal of policies for

17  subject lines of business, excluding National Flood Insurance

18  policies. The amount of the emergency assessment collected in

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

20  direct written premium for subject lines of business and all

21  accounts of the corporation, excluding National Flood

22  Insurance Program policy premiums, as annually determined by

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

24  the arithmetic calculations involved in the board's

25  determination within 30 days after receipt of the information

26  on which the determination was based. Notwithstanding any

27  other provision of law, the corporation and each assessable

28  insurer that writes subject lines of business shall collect

29  emergency assessments from its policyholders without such

30  obligation being affected by any credit, limitation,

31  exemption, or deferment. Emergency assessments levied by the

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 1  corporation on assessable insureds shall be collected by the

 2  surplus lines agent at the time the surplus lines agent

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

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

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

 6  the Florida Surplus Lines Service Office. The emergency

 7  assessments so collected shall be transferred directly to the

 8  corporation on a periodic basis as determined by the

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

10  applicable account. The aggregate amount of emergency

11  assessments levied for an account under this sub-subparagraph

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

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

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

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

16  percent of the aggregate statewide direct written premium for

17  subject lines of business and for all accounts of the

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

19  commissions, required reserves, and other costs associated

20  with financing the original deficit.

21         e.  The corporation may pledge the proceeds of

22  assessments, projected recoveries from the Florida Hurricane

23  Catastrophe Fund, other insurance and reinsurance

24  recoverables, policyholder surcharges and other surcharges,

25  and other funds available to the corporation as the source of

26  revenue for and to secure bonds issued under paragraph (p),

27  bonds or other indebtedness issued under subparagraph (c)3.,

28  or lines of credit or other financing mechanisms issued or

29  created under this subsection, or to retire any other debt

30  incurred as a result of deficits or events giving rise to

31  deficits, or in any other way that the board determines will

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 1  efficiently recover such deficits. The purpose of the lines of

 2  credit or other financing mechanisms is to provide additional

 3  resources to assist the corporation in covering claims and

 4  expenses attributable to a catastrophe. As used in this

 5  subsection, the term "assessments" includes regular

 6  assessments under sub-subparagraph a., sub-subparagraph b., or

 7  subparagraph (p)1. and emergency assessments under

 8  sub-subparagraph d. Emergency assessments collected under

 9  sub-subparagraph d. are not part of an insurer's rates, are

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

11  commissions; however, failure to pay the emergency assessment

12  shall be treated as failure to pay premium. The emergency

13  assessments under sub-subparagraph d. shall continue as long

14  as any bonds issued or other indebtedness incurred with

15  respect to a deficit for which the assessment was imposed

16  remain outstanding, unless adequate provision has been made

17  for the payment of such bonds or other indebtedness pursuant

18  to the documents governing such bonds or other indebtedness.

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

20  of business" means insurance written by assessable insurers or

21  procured by assessable insureds for all property and casualty

22  lines of business in this state, but not including workers'

23  compensation or medical malpractice. As used in the

24  sub-subparagraph, the term "property and casualty lines of

25  business" includes all lines of business identified on Form 2,

26  Exhibit of Premiums and Losses, in the annual statement

27  required of authorized insurers by s. 624.424 and any rule

28  adopted under this section, except for those lines identified

29  as accident and health insurance and except for policies

30  written under the National Flood Insurance Program or the

31  Federal Crop Insurance Program. For purposes of this

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 1  sub-subparagraph, the term "workers' compensation" includes

 2  both workers' compensation insurance and excess workers'

 3  compensation insurance.

 4         g.  The Florida Surplus Lines Service Office shall

 5  determine annually the aggregate statewide written premium in

 6  subject lines of business procured by assessable insureds and

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

 8  at a time the corporation specifies to ensure that the

 9  corporation can meet the requirements of this subsection and

10  the corporation's financing obligations.

11         h.  The Florida Surplus Lines Service Office shall

12  verify the proper application by surplus lines agents of

13  assessment percentages for regular assessments and emergency

14  assessments levied under this subparagraph on assessable

15  insureds and shall assist the corporation in ensuring the

16  accurate, timely collection and payment of assessments by

17  surplus lines agents as required by the corporation.

18         i.  If a deficit is incurred in any account in 2008 or

19  thereafter, the board of governors shall levy an immediate

20  assessment against the premium of each nonhomestead property

21  policyholder in all accounts of the corporation, as a uniform

22  percentage of the premium of the policy of up to 10 percent of

23  such premium, which funds shall be used to offset the deficit.

24  If this assessment is insufficient to eliminate the deficit,

25  the board of governors shall levy an additional assessment

26  against all policyholders of the corporation, which shall be

27  collected at the time of issuance or renewal of a policy, as a

28  uniform percentage of the premium for the policy of up to 10

29  percent of such premium, which funds shall be used to further

30  offset the deficit.

31  

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 1         j.  The board of governors shall maintain separate

 2  accounting records that consolidate data for nonhomestead

 3  properties, including, but not limited to, number of policies,

 4  insured values, premiums written, and losses. The board of

 5  governors shall annually report to the office and the

 6  Legislature a summary of such data.

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

 8         1.  Must provide for adoption of residential property

 9  and casualty insurance policy forms and commercial residential

10  and nonresidential property insurance forms, which forms must

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

12  adopt the following policy forms:

13         a.  Standard personal lines policy forms that are

14  comprehensive multiperil policies providing full coverage of a

15  residential property equivalent to the coverage provided in

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

17  policy.

18         b.  Basic personal lines policy forms that are policies

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

20  provide coverage meeting the requirements of the secondary

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

22  coverage under a standard policy.

23         c.  Commercial lines residential and nonresidential

24  policy forms that are generally similar to the basic perils of

25  full coverage obtainable for commercial residential structures

26  and commercial nonresidential structures in the admitted

27  voluntary market.

28         d.  Personal lines and commercial lines residential

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

30  The forms are applicable only to residential properties

31  

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

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

 3         e.  Commercial lines nonresidential property insurance

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

 5  applicable only to nonresidential properties located in areas

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

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

 8         f.  The corporation may adopt variations of the policy

 9  forms listed in sub-subparagraphs a.-e. that contain more

10  restrictive coverage.

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

12  in which the corporation and authorized insurers enter into

13  quota share primary insurance agreements for hurricane

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

15  and adopt property insurance forms for eligible risks which

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

17  term:

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

19  arrangement in which the primary hurricane coverage of an

20  eligible risk is provided in specified percentages by the

21  corporation and an authorized insurer. The corporation and

22  authorized insurer are each solely responsible for a specified

23  percentage of hurricane coverage of an eligible risk as set

24  forth in a quota share primary insurance agreement between the

25  corporation and an authorized insurer and the insurance

26  contract. The responsibility of the corporation or authorized

27  insurer to pay its specified percentage of hurricane losses of

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

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

30  the other party to the agreement to pay its specified

31  percentage of hurricane losses. Eligible risks that are

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 1  provided hurricane coverage through a quota share primary

 2  insurance arrangement must be provided policy forms that set

 3  forth the obligations of the corporation and authorized

 4  insurer under the arrangement, clearly specify the percentages

 5  of quota share primary insurance provided by the corporation

 6  and authorized insurer, and conspicuously and clearly state

 7  that neither the authorized insurer nor the corporation may be

 8  held responsible beyond its specified percentage of coverage

 9  of hurricane losses.

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

11  and commercial lines residential risks that meet the

12  underwriting criteria of the corporation and are located in

13  areas that were eligible for coverage by the Florida Windstorm

14  Underwriting Association on January 1, 2002.

15         b.  The corporation may enter into quota share primary

16  insurance agreements with authorized insurers at corporation

17  coverage levels of 90 percent and 50 percent.

18         c.  If the corporation determines that additional

19  coverage levels are necessary to maximize participation in

20  quota share primary insurance agreements by authorized

21  insurers, the corporation may establish additional coverage

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

23  insurance coverage level may not exceed 90 percent.

24         d.  Any quota share primary insurance agreement entered

25  into between an authorized insurer and the corporation must

26  provide for a uniform specified percentage of coverage of

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

28  corporation board, for all eligible risks of the authorized

29  insurer covered under the quota share primary insurance

30  agreement.

31  

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 1         e.  Any quota share primary insurance agreement entered

 2  into between an authorized insurer and the corporation is

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

 4  agreement shall be authorized only as to insurance contracts

 5  entered into between an authorized insurer and an insured who

 6  is already insured by the corporation for wind coverage.

 7         f.  For all eligible risks covered under quota share

 8  primary insurance agreements, the exposure and coverage levels

 9  for both the corporation and authorized insurers shall be

10  reported by the corporation to the Florida Hurricane

11  Catastrophe Fund. For all policies of eligible risks covered

12  under quota share primary insurance agreements, the

13  corporation and the authorized insurer shall maintain complete

14  and accurate records for the purpose of exposure and loss

15  reimbursement audits as required by Florida Hurricane

16  Catastrophe Fund rules. The corporation and the authorized

17  insurer shall each maintain duplicate copies of policy

18  declaration pages and supporting claims documents.

19         g.  The corporation board shall establish in its plan

20  of operation standards for quota share agreements which ensure

21  that there is no discriminatory application among insurers as

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

23  agreements, incentive provisions if any, and consideration

24  paid for servicing policies or adjusting claims.

25         h.  The quota share primary insurance agreement between

26  the corporation and an authorized insurer must set forth the

27  specific terms under which coverage is provided, including,

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

29  under the agreement by the insurance agent of the authorized

30  insurer producing the business, the reporting of information

31  concerning eligible risks, the payment of premium to the

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 1  corporation, and arrangements for the adjustment and payment

 2  of hurricane claims incurred on eligible risks by the claims

 3  adjuster and personnel of the authorized insurer. Entering

 4  into a quota sharing insurance agreement between the

 5  corporation and an authorized insurer shall be voluntary and

 6  at the discretion of the authorized insurer.

 7         3.  May provide that the corporation may employ or

 8  otherwise contract with individuals or other entities to

 9  provide administrative or professional services that may be

10  appropriate to effectuate the plan. The corporation shall have

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

12  other indebtedness, and shall have other powers reasonably

13  necessary to effectuate the requirements of this subsection,

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

15  incur other indebtedness in order to refinance outstanding

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

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

18  indebtedness under chapter 75. The corporation may issue bonds

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

20  behalf by a unit of local government pursuant to subparagraph

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

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

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

24  efficiently meet the financial obligations of the corporation

25  and that such financings are reasonably necessary to

26  effectuate the requirements of this subsection. The

27  corporation is authorized to take all actions needed to

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

29  including formation of trusts or other affiliated entities.

30  The corporation shall have the authority to pledge

31  assessments, projected recoveries from the Florida Hurricane

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 1  Catastrophe Fund, other reinsurance recoverables, market

 2  equalization and other surcharges, and other funds available

 3  to the corporation as security for bonds or other

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

 5  Constitution, prohibiting the impairment of obligations of

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

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

 8  financing agreement or any revenue source committed by

 9  contract to such bond or other indebtedness.

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

11  to the supervision and approval of a board of governors

12  consisting of eight individuals who are residents of this

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

14  Governor, the Chief Financial Officer, the President of the

15  Senate, and the Speaker of the House of Representatives shall

16  each appoint two members of the board. At least one of the two

17  members appointed by each appointing officer must have

18  demonstrated expertise in insurance. The Chief Financial

19  Officer shall designate one of the appointees as chair. All

20  board members serve at the pleasure of the appointing officer.

21  All members of the board of governors are subject to removal

22  at will by the officers who appointed them. All board members,

23  including the chair, must be appointed to serve for 3-year

24  terms beginning annually on a date designated by the plan. Any

25  board vacancy shall be filled for the unexpired term by the

26  appointing officer. The Chief Financial Officer shall appoint

27  a technical advisory group to provide information and advice

28  to the board of governors in connection with the board's

29  duties under this subsection. The executive director and

30  senior managers of the corporation shall be engaged by the

31  board and serve at the pleasure of the board. Any executive

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 1  director appointed on or after July 1, 2006, is subject to

 2  confirmation by the Senate. The executive director is

 3  responsible for employing other staff as the corporation may

 4  require, subject to review and concurrence by the board.

 5         b.  The board shall create a Market Accountability

 6  Advisory Committee to assist the corporation in developing

 7  awareness of its rates and its customer and agent service

 8  levels in relationship to the voluntary market insurers

 9  writing similar coverage. The members of the advisory

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

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

12  four representatives, one appointed by the Florida Association

13  of Insurance Agents, one by the Florida Association of

14  Insurance and Financial Advisors, one by the Professional

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

16  Association of Insurance Agencies; three representatives

17  appointed by the insurers with the three highest voluntary

18  market share of residential property insurance business in the

19  state; one representative from the Office of Insurance

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

21  by the corporation at the time of appointment to the

22  committee; one representative appointed by the Florida

23  Association of Realtors; and one representative appointed by

24  the Florida Bankers Association. All members must serve for

25  3-year terms and may serve for consecutive terms. The

26  committee shall report to the corporation at each board

27  meeting on insurance market issues which may include rates and

28  rate competition with the voluntary market; service, including

29  policy issuance, claims processing, and general responsiveness

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

31  to depopulation.

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 1         5.  Must provide procedures a procedure for determining

 2  the eligibility of a risk for coverage, as follows:

 3         a.  Applicants are not ineligible for coverage based on

 4  the availability of coverage from the private insurance market

 5  or the surplus lines market. An applicant or policyholder may

 6  choose to be insured by the corporation even if the applicant

 7  or policyholder has another offer of coverage if the risk

 8  otherwise meets the underwriting guidelines of the

 9  corporation. Subject to the provisions of s. 627.3517, with

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

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

12  approved rate under either a standard policy including wind

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

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

15  coverage, for a new application to the corporation for

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

17  the corporation unless the premium for coverage from the

18  authorized insurer is more than 25 percent greater than the

19  premium for comparable coverage from the corporation. If the

20  risk is not able to obtain any such offer, the risk is

21  eligible for either a standard policy including wind coverage

22  or a basic policy including wind coverage issued by the

23  corporation; however, if the risk could not be insured under a

24  standard policy including wind coverage regardless of market

25  conditions, the risk shall be eligible for a basic policy

26  including wind coverage unless rejected under subparagraph 8.

27  However, with regard to a policyholder of the corporation, the

28  policyholder remains eligible for coverage from the

29  corporation regardless of any offer of coverage from an

30  authorized insurer or surplus lines insurer. The corporation

31  shall determine the type of policy to be provided on the basis

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 1  of objective standards specified in the underwriting manual

 2  and based on generally accepted underwriting practices.

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

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

 5  mechanism established by the corporation before a policy is

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

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

 8  who submitted the application to the plan or to the

 9  corporation is not currently appointed by the insurer, the

10  insurer shall:

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

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

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

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

15  commission of the corporation; or

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

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

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

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

20  commission for the type of policy written.

21  

22  If the producing agent is unwilling or unable to accept

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

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

25         (II)  When the corporation enters into a contractual

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

27  of the corporation policy is entitled to retain any unearned

28  commission on the policy, and the insurer shall:

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

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

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

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

 2  customary commission of the corporation; or

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

 4  the corporation policy to continue servicing the policy for a

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

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

 7  customary commission for the type of policy written.

 8  

 9  If the producing agent is unwilling or unable to accept

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

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

12         b.  With respect to commercial lines residential risks,

13  for a new application to the corporation for coverage, if the

14  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  unless the premium for coverage from the authorized insurer is

18  more than 25 percent greater than the premium for comparable

19  coverage from the corporation. If the risk is not able to

20  obtain any such offer, the risk is eligible for a policy

21  including wind coverage issued by the corporation. However,

22  with regard to a policyholder of the corporation, the

23  policyholder remains eligible for coverage from the

24  corporation regardless of any offer of coverage from an

25  authorized insurer or surplus lines insurer.

26         b.(I)  If the risk accepts an offer of coverage through

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

28  mechanism established by the corporation before a policy is

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

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

31  

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 1  who submitted the application to the plan or the corporation

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

 3         (I)(A)  Pay to the producing agent of record of the

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

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

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

 7  commission of the corporation; or

 8         (II)(B)  Offer to allow the producing agent of record

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

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

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

12  commission for the type of policy written.

13  

14  If the producing agent is unwilling or unable to accept

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

16  with sub-sub-subparagraph (I) sub-sub-sub-subparagraph (A).

17         c.(II)  When the corporation enters into a contractual

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

19  of the corporation policy is entitled to retain any unearned

20  commission on the policy, and the insurer shall:

21         (I)(A)  Pay to the producing agent of record of the

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

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

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

25  customary commission of the corporation; or

26         (II)(B)  Offer to allow the producing agent of record

27  of the corporation policy to continue servicing the policy for

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

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

30  customary commission for the type of policy written.

31  

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 1  If the producing agent is unwilling or unable to accept

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

 3  with sub-sub-subparagraph (I) sub-sub-sub-subparagraph (A).

 4         6.  Must provide by July 1, 2007, that an application

 5  for coverage for a new policy is subject to a waiting period

 6  of 10 days before coverage is effective, during which time the

 7  corporation shall make such application available for review

 8  by general lines agents and authorized property and casualty

 9  insurers. The board shall approve an exception that allows for

10  coverage to be effective before the end of the 10-day waiting

11  period, for coverage issued in conjunction with a real estate

12  closing. The board may approve such other exceptions as the

13  board determines are necessary to prevent lapses in coverage.

14         7.  Must include rules for classifications of risks and

15  rates therefor.

16         8.  Must provide that if premium and investment income

17  for an account attributable to a particular calendar year are

18  in excess of projected losses and expenses for the account

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

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

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

22  be used for that purpose prior to assessing assessable

23  insurers and assessable insureds as to any calendar year.

24         9.  Must provide objective criteria and procedures to

25  be uniformly applied for all applicants in determining whether

26  an individual risk is eligible for coverage so hazardous as to

27  be uninsurable. In making this determination and in

28  establishing the criteria and procedures, the following shall

29  be considered:

30  

31  

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

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

 3  class; and

 4         b.  Whether the applicant has taken such actions as are

 5  reasonably necessary, as specified by the corporation, to

 6  reduce the risk of loss uncertainty associated with the

 7  individual risk is such that an appropriate premium cannot be

 8  determined.

 9  

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

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

12  provisions of chapter 120 shall not apply.

13         10.  Must provide that the corporation shall make its

14  best efforts to procure catastrophe reinsurance at reasonable

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

16  as determined by the board of governors.

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

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

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

20  residential account, or the high-risk account, the corporation

21  shall levy upon corporation policyholders in its next rate

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

23  a Citizens policyholder surcharge arising from a regular

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

25  amount of such regular assessments divided by the aggregate

26  statewide direct written premium for subject lines of business

27  for the prior calendar year. For purposes of calculating the

28  Citizens policyholder surcharge to be levied under this

29  subparagraph, the total amount of the regular assessment to

30  which this surcharge is related shall be determined as set

31  forth in subparagraph (b)3., without deducting the estimated

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 1  Citizens policyholder surcharge. Citizens policyholder

 2  surcharges under this subparagraph are not considered premium

 3  and are not subject to commissions, fees, or premium taxes;

 4  however, failure to pay a market equalization surcharge shall

 5  be treated as failure to pay premium.

 6         12.  The policies issued by the corporation must

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

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

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

10  renewal through the corporation, except as otherwise provided

11  in this subsection.

12         13.  Corporation policies and applications must include

13  a notice that the corporation policy could, under this

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

15  insurer that does not provide coverage identical to the

16  coverage provided by the corporation. The notice shall also

17  specify that acceptance of corporation coverage creates a

18  conclusive presumption that the applicant or policyholder is

19  aware of this potential.

20         12.14.  May establish, subject to approval by the

21  office, different eligibility requirements and operational

22  procedures for any line or type of coverage for any specified

23  county or area if the board determines that such changes to

24  the eligibility requirements and operational procedures are

25  justified due to the voluntary market being sufficiently

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

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

28  to obtain insurance through the voluntary market through

29  ordinary methods would continue to have access to coverage

30  from the corporation. When coverage is sought in connection

31  with a real property transfer, such requirements and

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 1  procedures shall not provide for an effective date of coverage

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

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

 4  applicable, the lender.

 5         13.15.  Must provide that, with respect to the

 6  high-risk account, any assessable insurer with a surplus as to

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

 8  more of its total countrywide property insurance premiums in

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

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

11  company. A regular assessment levied by the corporation on a

12  limited apportionment company for a deficit incurred by the

13  corporation for the high-risk account in 2006 or thereafter

14  may be paid to the corporation on a monthly basis as the

15  assessments are collected by the limited apportionment company

16  from its insureds pursuant to s. 627.3512, but the regular

17  assessment must be paid in full within 12 months after being

18  levied by the corporation. A limited apportionment company

19  shall collect from its policyholders any emergency assessment

20  imposed under sub-subparagraph (b)3.d. The plan shall provide

21  that, if the office determines that any regular assessment

22  will result in an impairment of the surplus of a limited

23  apportionment company, the office may direct that all or part

24  of such assessment be deferred as provided in subparagraph

25  (g)4. However, there shall be no limitation or deferment of an

26  emergency assessment to be collected from policyholders under

27  sub-subparagraph (b)3.d.

28         14.16.  Must provide that the corporation appoint as

29  its licensed agents only those agents who also hold an

30  appointment as defined in s. 626.015(3) with an insurer who at

31  the time of the agent's initial appointment by the corporation

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 1  is authorized to write and is actually writing personal lines

 2  residential property coverage, commercial residential property

 3  coverage, or commercial nonresidential property coverage

 4  within the state.

 5         15.17.  Must provide, by July 1, 2007, a premium

 6  payment plan option to its policyholders which allows for

 7  quarterly and semiannual payment of premiums.

 8         16.18.  Must provide, effective June 1, 2007, that the

 9  corporation contract with each insurer providing the non-wind

10  coverage for risks insured by the corporation in the high-risk

11  account, requiring that the insurer provide claims adjusting

12  services for the wind coverage provided by the corporation for

13  such risks. An insurer is required to enter into this contract

14  as a condition of providing non-wind coverage for a risk that

15  is insured by the corporation in the high-risk account unless

16  the board finds, after a hearing, that the insurer is not

17  capable of providing adjusting services at an acceptable level

18  of quality to corporation policyholders. The terms and

19  conditions of such contracts must be substantially the same as

20  the contracts that the corporation executed with insurers

21  under the "adjust-your-own" program in 2006, except as may be

22  mutually agreed to by the parties and except for such changes

23  that the board determines are necessary to ensure that claims

24  are adjusted appropriately. The corporation shall provide a

25  process for neutral arbitration of any dispute between the

26  corporation and the insurer regarding the terms of the

27  contract. The corporation shall review and monitor the

28  performance of insurers under these contracts.

29         17.19.  Must limit coverage on mobile homes or

30  manufactured homes built prior to 1994 to actual cash value of

31  the dwelling rather than replacement costs of the dwelling.

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    Florida Senate - 2007                                  SB 2498
    40-1745A-07




 1         18.20.  May provide such limits of coverage as the

 2  board determines, consistent with the requirements of this

 3  subsection.

 4         19.21.  May require commercial property to meet

 5  specified hurricane mitigation construction features as a

 6  condition of eligibility for coverage.

 7         Section 2.  Effective January 1, 2008, and

 8  notwithstanding any other provision of law:

 9         (1)  A new certificate of authority for the transaction

10  of residential property insurance may not be issued to any

11  insurer domiciled in this state that is a wholly owned

12  subsidiary of an insurer authorized to do business in any

13  other state.

14         (2)(a)  The existing certificate of authority for the

15  transaction of residential property insurance held by any

16  insurer domiciled in this state that is a wholly owned

17  subsidiary of an insurer authorized to do business in any

18  other state shall expire at the end of its period of

19  validation and may not be renewed or reissued by the Office of

20  Insurance Regulation or the Financial Services Commission.

21         (b)  The rate filings of any insurer domiciled in this

22  state that is a wholly owned subsidiary of an insurer

23  authorized to do business in any other state shall include

24  information relating to the profits of the parent company of

25  the insurer domiciled in this state.

26         Section 3.  Except as otherwise expressly provided in

27  this act, this act shall take effect upon becoming a law.

28  

29  

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31  

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    Florida Senate - 2007                                  SB 2498
    40-1745A-07




 1            *****************************************

 2                          SENATE SUMMARY

 3    Authorizes the Citizens Property Insurance Corporation to
      offer multiperil coverage, wind-only coverage, or both
 4    types of coverage in the high-risk account. Authorizes a
      policyholder to choose coverage from the corporation
 5    regardless of the availability of other coverage under
      certain circumstances. Deletes certain limitations on
 6    eligibility for a policy issued by the corporation.
      Revises requirements for the corporation in determining
 7    whether an individual risk is eligible for coverage.
      Deletes provisions providing that a policyholder is no
 8    longer eligible for coverage if an authorized insurer
      offers coverage at an approved rate. (See bill for
 9    details.)

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                                  35

CODING: Words stricken are deletions; words underlined are additions.