Senate Bill sb2498e2

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




    CS for SB 2498                                Second Engrossed



  1                      A bill to be entitled

  2         An act relating to insurance; amending s.

  3         215.5595, F.S.; providing that domestic and

  4         other insurers writing only manufactured

  5         housing policies are eligible to receive a

  6         surplus note in a specified amount; amending s.

  7         626.916, F.S.; providing requirements for

  8         insurance coverage eligible for export for

  9         residential property risks; requiring that the

10         insured be notified that coverage may be

11         available from Citizens Property Insurance

12         Corporation; amending s. 626.914, F.S.;

13         revising the definition of the term "diligent

14         effort"; amending s. 215.555, F.S.; revising

15         the dates regarding an exemption from emergency

16         assessments for medical malpractice insurance

17         premiums; amending s. 627.351, F.S.; revising

18         legislative findings to provide a finding that

19         the lack of affordable property insurance

20         threatens the public health, safety, and

21         welfare and threatens the economic health of

22         the state; revising provisions for determining

23         eligibility for coverage under Citizens

24         Property Insurance Corporation; amending s.

25         627.062, F.S.; providing that certain interest

26         paid by an insurer may not be included in rate

27         base or used to justify a rate or rate change;

28         amending s. 626.9541, F.S.; providing

29         additional unfair claim settlement practices;

30         amending s. 627.70131, F.S.; deleting the

31         definition of the term "insurer"; defining the


                                  1

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






    CS for SB 2498                                Second Engrossed



 1         term "claim"; revising provisions relating to

 2         when an insurer must pay a claim; providing

 3         conditions under which interest must be paid;

 4         extending the date for increasing rates;

 5         prohibiting issuance of new certificates of

 6         authority to certain insurers; requiring rate

 7         filings of certain insurers to include certain

 8         parent company profits information;

 9         establishing a pilot program to offer optional

10         sinkhole coverage; amending s. 626.9201, F.S.;

11         revising requirements concerning cancellation

12         for nonpayment of premium of policies providing

13         coverage for property, casualty, surety, or

14         marine insurance; defining the term "nonpayment

15         of premium"; providing that certain contracts

16         or contractual obligations concerning such

17         coverage are void under specified conditions;

18         requiring the refund of certain premiums

19         received by an insurer; providing that the

20         internal design option of the Florida Building

21         Code remains in effect until a specified date

22         for a building permit application made before

23         that date, notwithstanding provisions of ch.

24         2007-1, Laws of Florida; providing an effective

25         date and for retroactive application; applying

26         the act to any actions taken with respect to a

27         building permit affected by such prior act;

28         providing effective dates.

29  

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

31  


                                  2

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






    CS for SB 2498                                Second Engrossed



 1         Section 1.  Paragraphs (b) and (c) of subsection (2) of

 2  section 215.5595, Florida Statutes, as amended by section 5 of

 3  chapter 2007-1, Laws of Florida, are amended to read:

 4         215.5595  Insurance Capital Build-Up Incentive

 5  Program.--

 6         (2)  The purpose of this section is to provide surplus

 7  notes to new or existing authorized residential property

 8  insurers under the Insurance Capital Build-Up Incentive

 9  Program administered by the State Board of Administration,

10  under the following conditions:

11         (b)  The insurer must contribute an amount of new

12  capital to its surplus which is at least equal to the amount

13  of the surplus note and must apply to the board by July 1,

14  2006. If an insurer applies after July 1, 2006, but before

15  June 1, 2007, the amount of the surplus note is limited to

16  one-half of the new capital that the insurer contributes to

17  its surplus, except that an insurer writing only manufactured

18  housing policies is eligible to receive a surplus note in the

19  amount of $7 million and a domestic mutual insurer is eligible

20  to receive a surplus note in the amount of $12.5 million. For

21  purposes of this section, new capital must be in the form of

22  cash or cash equivalents as specified in s. 625.012(1).

23         (c)  The insurer's surplus, new capital, and the

24  surplus note must total at least $50 million, except for

25  insurers writing residential property insurance covering only

26  manufactured housing or for a domestic mutual insurer. The

27  insurer's surplus, new capital, and the surplus note must

28  total at least $14 million for insurers writing only

29  residential property insurance covering manufactured housing

30  policies as provided in paragraph (a). The surplus, new

31  


                                  3

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






    CS for SB 2498                                Second Engrossed



 1  capital, and surplus note for a domestic mutual insurer must

 2  total at least $25 million.

 3         Section 2.  Paragraph (e) is added to subsection (1) of

 4  section 626.916, Florida Statutes, to read:

 5         626.916  Eligibility for export.--

 6         (1)  No insurance coverage shall be eligible for export

 7  unless it meets all of the following conditions:

 8         (e)  For personal residential property risks, the

 9  retail or producing agent must advise the insured in writing

10  that coverage may be available and may be less expensive from

11  Citizens Property Insurance Corporation. The notice must

12  include other information that states that Citizens'

13  assessments are higher and the coverage provided by Citizens

14  may be less than the property's existing coverage. If the

15  notice is signed by the insured, it is presumed that the

16  insured has been informed and knows that policies from

17  Citizens Property Insurance Corporation may be less expensive,

18  may provide less coverage, and will be accompanied by higher

19  assessments.

20         Section 3.  Subsection (4) of section 626.914, Florida

21  Statutes, is amended to read:

22         626.914  Definitions.--As used in this Surplus Lines

23  Law, the term:

24         (4)  "Diligent effort" means seeking coverage from and

25  having been rejected by at least three authorized insurers

26  currently writing this type of coverage and documenting these

27  rejections. However, if the residential structure has a

28  dwelling replacement cost of $1 million or more, the term

29  means seeking coverage from and having been rejected by at

30  least one authorized insurer currently writing this type of

31  coverage and documenting this rejection.


                                  4

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






    CS for SB 2498                                Second Engrossed



 1         Section 4.  Paragraph (b) of subsection (6) of section

 2  215.555, Florida Statutes, as amended by chapter 2007-1, Laws

 3  of Florida, is amended to read:

 4         215.555  Florida Hurricane Catastrophe Fund.--

 5         (6)  REVENUE BONDS.--

 6         (b)  Emergency assessments.--

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

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

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

10  corporation, including repayment of revenue bonds and that

11  portion of the debt service coverage not met by reimbursement

12  premiums, the board shall direct the Office of Insurance

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

14  direct premiums for all property and casualty lines of

15  business in this state, including property and casualty

16  business of surplus lines insurers regulated under part VIII

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

18  premiums or medical malpractice premiums. As used in this

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

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

21  Premiums and Losses, in the annual statement required of

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

23  this section, except for those lines identified as accident

24  and health insurance and except for policies written under the

25  National Flood Insurance Program. The assessment shall be

26  specified as a percentage of direct written premium and is

27  subject to annual adjustments by the board in order to meet

28  debt obligations. The same percentage shall apply to all

29  policies in lines of business subject to the assessment issued

30  or renewed during the 12-month period beginning on the

31  effective date of the assessment.


                                  5

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






    CS for SB 2498                                Second Engrossed



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

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

 3  respect to obligations arising out of losses attributable to

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

 5  aggregate annual assessment under this paragraph in excess of

 6  10 percent of premium. An annual assessment under this

 7  paragraph shall continue as long as the revenue bonds issued

 8  with respect to which the assessment was imposed are

 9  outstanding, including any bonds the proceeds of which were

10  used to refund the revenue bonds, unless adequate provision

11  has been made for the payment of the bonds under the documents

12  authorizing issuance of the bonds.

13         3.  Emergency assessments shall be collected from

14  policyholders. Emergency assessments shall be remitted by

15  insurers as a percentage of direct written premium for the

16  preceding calendar quarter as specified in the order from the

17  Office of Insurance Regulation. The office shall verify the

18  accurate and timely collection and remittance of emergency

19  assessments and shall report the information to the board in a

20  form and at a time specified by the board. Each insurer

21  collecting assessments shall provide the information with

22  respect to premiums and collections as may be required by the

23  office to enable the office to monitor and verify compliance

24  with this paragraph.

25         4.  With respect to assessments of surplus lines

26  premiums, each surplus lines agent shall collect the

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

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

29  shall remit the assessment to the Florida Surplus Lines

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

31  agent remits the surplus lines tax to the Florida Surplus


                                  6

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






    CS for SB 2498                                Second Engrossed



 1  Lines Service Office. The emergency assessment on each insured

 2  procuring coverage and filing under s. 626.938 shall be

 3  remitted by the insured to the Florida Surplus Lines Service

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

 5  the Florida Surplus Lines Service Office. The Florida Surplus

 6  Lines Service Office shall remit the collected assessments to

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

 8  Office of Insurance Regulation. The Florida Surplus Lines

 9  Service Office shall verify the proper application of such

10  emergency assessments and shall assist the board in ensuring

11  the accurate and timely collection and remittance of

12  assessments as required by the board. The Florida Surplus

13  Lines Service Office shall annually calculate the aggregate

14  written premium on property and casualty business, other than

15  workers' compensation and medical malpractice, procured

16  through surplus lines agents and insureds procuring coverage

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

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

19         5.  Any assessment authority not used for a particular

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

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

22  amount of revenue produced under subsection (5) is

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

24  the fund and the corporation, including repayment of revenue

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

26  reimbursement premiums, the board shall direct the Office of

27  Insurance Regulation to levy an emergency assessment up to an

28  amount not exceeding the amount of unused assessment authority

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

30  percent provided that the assessments in the aggregate do not

31  exceed the limits specified in subparagraph 2.


                                  7

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






    CS for SB 2498                                Second Engrossed



 1         6.  The assessments otherwise payable to the

 2  corporation under this paragraph shall be paid to the fund

 3  unless and until the Office of Insurance Regulation and the

 4  Florida Surplus Lines Service Office have received from the

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

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

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

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

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

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

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

12  fund's agreement with the corporation.

13         7.  Emergency assessments are not premium and are not

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

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

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

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

18  An insurer is not liable for uncollectible assessments.

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

20  premium, it shall also return any collected assessment

21  attributable to the unearned premium. A credit adjustment to

22  the collected assessment may be made by the insurer with

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

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

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

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

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

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

29  or such insured for the collected assessment attributable to

30  the unearned premium prior to remitting the emergency

31  assessment collected to the fund or corporation.


                                  8

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






    CS for SB 2498                                Second Engrossed



 1         10.  The exemption of medical malpractice insurance

 2  premiums from emergency assessments under this paragraph is

 3  repealed May 31, 2010 May 31, 2007, and medical malpractice

 4  insurance premiums shall be subject to emergency assessments

 5  attributable to loss events occurring in the contract years

 6  commencing on June 1, 2010 June 1, 2007.

 7         Section 5.  Paragraphs (a), (c), (m) and (r) of

 8  subsection (6) of section 627.351, Florida Statutes, as

 9  amended by section 21 of chapter 2007-1, Laws of Florida, are

10  amended, and paragraph (ff) is added to that subsection, to

11  read:

12         627.351  Insurance risk apportionment plans.--

13         (6)  CITIZENS PROPERTY INSURANCE CORPORATION.--

14         (a)1.  It is the public purpose of this subsection to

15  ensure the existence of an orderly market for property

16  insurance for Floridians and Florida businesses. The

17  Legislature finds that private insurers are unwilling or

18  unable to provide affordable property insurance coverage in

19  this state to the extent sought and needed. The absence of

20  affordable property insurance threatens the public health,

21  safety, and welfare and likewise threatens the economic health

22  of the state. The state therefore has a compelling public

23  interest and a public purpose to assist in assuring that

24  property in the state is insured and that it is insured at

25  affordable rates 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 which are needed to provide for the

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


                                  9

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






    CS for SB 2498                                Second Engrossed



 1  affordable property insurance to applicants who are in good

 2  faith entitled to procure insurance through the voluntary

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

 4  this subsection that affordable property insurance be provided

 5  and that it continue to be provided, as long as necessary,

 6  through Citizens Property Insurance Corporation, a government

 7  entity that is an integral part of the state, and that is not

 8  a private insurance company. To that end, Citizens Property

 9  Insurance Company shall strive to increase the availability of

10  affordable property insurance in this state, while achieving

11  efficiencies and economies, and while providing service to

12  policyholders, applicants, and agents which is no less than

13  the quality generally provided in the voluntary market, for

14  the achievement of the foregoing public purposes. Because it

15  is essential for this government entity to have the maximum

16  financial resources to pay claims following a catastrophic

17  hurricane, it is the intent of the Legislature that Citizens

18  Property Insurance Corporation continue to be an integral part

19  of the state and that the income of the corporation be exempt

20  from federal income taxation and that interest on the debt

21  obligations issued by the corporation be exempt from federal

22  income taxation.  The Legislature finds that actual and

23  threatened catastrophic losses to property in this state from

24  hurricanes have caused insurers to be unwilling or unable to

25  provide property insurance coverage to the extent sought and

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

27  assist in assuring that property in the state is insured so as

28  to facilitate the remediation, reconstruction, and replacement

29  of damaged or destroyed property in order to reduce or avoid

30  the negative effects otherwise resulting to the public health,

31  safety, and welfare; to the economy of the state; and to the


                                  10

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






    CS for SB 2498                                Second Engrossed



 1  revenues of the state and local governments needed to provide

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

 3  property insurance to applicants who are in good faith

 4  entitled to procure insurance through the voluntary market but

 5  are unable to do so. The Legislature intends by this

 6  subsection that property insurance be provided and that it

 7  continues, as long as necessary, through an entity organized

 8  to achieve efficiencies and economies, while providing service

 9  to policyholders, applicants, and agents that is no less than

10  the quality generally provided in the voluntary market, all

11  toward the achievement of the foregoing public purposes.

12  Because it is essential for the corporation to have the

13  maximum financial resources to pay claims following a

14  catastrophic hurricane, it is the intent of the Legislature

15  that the income of the corporation be exempt from federal

16  income taxation and that interest on the debt obligations

17  issued by the corporation be exempt from federal income

18  taxation.

19         2.  The Residential Property and Casualty Joint

20  Underwriting Association originally created by this statute

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

22  Insurance Corporation. The corporation shall provide insurance

23  for residential and commercial property, for applicants who

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

25  insurance through the voluntary market. The corporation shall

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

27  the Financial Services Commission. The plan is subject to

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

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

30  commission determines that conditions have changed since

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


                                  11

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






    CS for SB 2498                                Second Engrossed



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

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

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

 4  of this subsection, residential coverage includes both

 5  personal lines residential coverage, which consists of the

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

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

 8  policies, and commercial lines residential coverage, which

 9  consists of the type of coverage provided by condominium

10  association, apartment building, and similar policies.

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

12  "homestead property" means:

13         a.  Property that has been granted a homestead

14  exemption under chapter 196;

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

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

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

18  or less;

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

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

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

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

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

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

25  residence;

26         d.  Tenant's coverage;

27         e.  Commercial lines residential property; or

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

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

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

31  or a continuing care retirement community that is certified


                                  12

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






    CS for SB 2498                                Second Engrossed



 1  under chapter 651 and that receives an exemption from ad

 2  valorem taxes under chapter 196.

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

 4  "nonhomestead property" means property that is not homestead

 5  property.

 6         5.  Effective January 1, 2009 July 1, 2008, a personal

 7  lines residential structure that has a dwelling replacement

 8  cost of $1 million or more, or a single condominium unit that

 9  has a combined dwelling and content replacement cost of $1

10  million or more is not eligible for coverage by the

11  corporation. Such dwellings insured by the corporation on

12  December 31, 2008 June 30, 2008, may continue to be covered by

13  the corporation until the end of the policy term. However,

14  such dwellings that are insured by the corporation and become

15  ineligible for coverage due to the provisions of this

16  subparagraph may reapply and obtain coverage in the high-risk

17  account and be considered "nonhomestead property" if the

18  property owner provides the corporation with a sworn affidavit

19  from one or more insurance agents, on a form provided by the

20  corporation, stating that the agents have made their best

21  efforts to obtain coverage and that the property has been

22  rejected for coverage by at least one authorized insurer and

23  at least three surplus lines insurers. If such conditions are

24  met, the dwelling may be insured by the corporation for up to

25  3 years, after which time the dwelling is ineligible for

26  coverage. The office shall approve the method used by the

27  corporation for valuing the dwelling replacement cost for the

28  purposes of this subparagraph. If a policyholder is insured by

29  the corporation prior to being determined to be ineligible

30  pursuant to this subparagraph and such policyholder files a

31  lawsuit challenging the determination, the policyholder may


                                  13

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






    CS for SB 2498                                Second Engrossed



 1  remain insured by the corporation until the conclusion of the

 2  litigation.

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

 4  2009, the corporation may not insure any property located

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

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

 7  the requirements of the code-plus building standards developed

 8  by the Florida Building Commission.

 9         7.  It is the intent of the Legislature that

10  policyholders, applicants, and agents of the corporation

11  receive service and treatment of the highest possible level

12  but never less than that generally provided in the voluntary

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

14  service standards no less than those applied to insurers in

15  the voluntary market by the office with respect to

16  responsiveness, timeliness, customer courtesy, and overall

17  dealings with policyholders, applicants, or agents of the

18  corporation.

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

20         1.  Must provide for adoption of residential property

21  and casualty insurance policy forms and commercial residential

22  and nonresidential property insurance forms, which forms must

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

24  adopt the following policy forms:

25         a.  Standard personal lines policy forms that are

26  comprehensive multiperil policies providing full coverage of a

27  residential property equivalent to the coverage provided in

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

29  policy.

30         b.  Basic personal lines policy forms that are policies

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


                                  14

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






    CS for SB 2498                                Second Engrossed



 1  provide coverage meeting the requirements of the secondary

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

 3  coverage under a standard policy.

 4         c.  Commercial lines residential and nonresidential

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

 6  full coverage obtainable for commercial residential structures

 7  and commercial nonresidential structures in the admitted

 8  voluntary market.

 9         d.  Personal lines and commercial lines residential

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

11  The forms are applicable only to residential properties

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

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

14         e.  Commercial lines nonresidential property insurance

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

16  applicable only to nonresidential properties located in areas

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

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

19         f.  The corporation may adopt variations of the policy

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

21  restrictive coverage.

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

23  in which the corporation and authorized insurers enter into

24  quota share primary insurance agreements for hurricane

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

26  and adopt property insurance forms for eligible risks which

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

28  term:

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

30  arrangement in which the primary hurricane coverage of an

31  eligible risk is provided in specified percentages by the


                                  15

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






    CS for SB 2498                                Second Engrossed



 1  corporation and an authorized insurer. The corporation and

 2  authorized insurer are each solely responsible for a specified

 3  percentage of hurricane coverage of an eligible risk as set

 4  forth in a quota share primary insurance agreement between the

 5  corporation and an authorized insurer and the insurance

 6  contract. The responsibility of the corporation or authorized

 7  insurer to pay its specified percentage of hurricane losses of

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

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

10  the other party to the agreement to pay its specified

11  percentage of hurricane losses. Eligible risks that are

12  provided hurricane coverage through a quota share primary

13  insurance arrangement must be provided policy forms that set

14  forth the obligations of the corporation and authorized

15  insurer under the arrangement, clearly specify the percentages

16  of quota share primary insurance provided by the corporation

17  and authorized insurer, and conspicuously and clearly state

18  that neither the authorized insurer nor the corporation may be

19  held responsible beyond its specified percentage of coverage

20  of hurricane losses.

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

22  and commercial lines residential risks that meet the

23  underwriting criteria of the corporation and are located in

24  areas that were eligible for coverage by the Florida Windstorm

25  Underwriting Association on January 1, 2002.

26         b.  The corporation may enter into quota share primary

27  insurance agreements with authorized insurers at corporation

28  coverage levels of 90 percent and 50 percent.

29         c.  If the corporation determines that additional

30  coverage levels are necessary to maximize participation in

31  quota share primary insurance agreements by authorized


                                  16

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






    CS for SB 2498                                Second Engrossed



 1  insurers, the corporation may establish additional coverage

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

 3  insurance coverage level may not exceed 90 percent.

 4         d.  Any quota share primary insurance agreement entered

 5  into between an authorized insurer and the corporation must

 6  provide for a uniform specified percentage of coverage of

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

 8  corporation board, for all eligible risks of the authorized

 9  insurer covered under the quota share primary insurance

10  agreement.

11         e.  Any quota share primary insurance agreement entered

12  into between an authorized insurer and the corporation is

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

14  agreement shall be authorized only as to insurance contracts

15  entered into between an authorized insurer and an insured who

16  is already insured by the corporation for wind coverage.

17         f.  For all eligible risks covered under quota share

18  primary insurance agreements, the exposure and coverage levels

19  for both the corporation and authorized insurers shall be

20  reported by the corporation to the Florida Hurricane

21  Catastrophe Fund. For all policies of eligible risks covered

22  under quota share primary insurance agreements, the

23  corporation and the authorized insurer shall maintain complete

24  and accurate records for the purpose of exposure and loss

25  reimbursement audits as required by Florida Hurricane

26  Catastrophe Fund rules. The corporation and the authorized

27  insurer shall each maintain duplicate copies of policy

28  declaration pages and supporting claims documents.

29         g.  The corporation board shall establish in its plan

30  of operation standards for quota share agreements which ensure

31  that there is no discriminatory application among insurers as


                                  17

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






    CS for SB 2498                                Second Engrossed



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

 2  agreements, incentive provisions if any, and consideration

 3  paid for servicing policies or adjusting claims.

 4         h.  The quota share primary insurance agreement between

 5  the corporation and an authorized insurer must set forth the

 6  specific terms under which coverage is provided, including,

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

 8  under the agreement by the insurance agent of the authorized

 9  insurer producing the business, the reporting of information

10  concerning eligible risks, the payment of premium to the

11  corporation, and arrangements for the adjustment and payment

12  of hurricane claims incurred on eligible risks by the claims

13  adjuster and personnel of the authorized insurer. Entering

14  into a quota sharing insurance agreement between the

15  corporation and an authorized insurer shall be voluntary and

16  at the discretion of the authorized insurer.

17         3.  May provide that the corporation may employ or

18  otherwise contract with individuals or other entities to

19  provide administrative or professional services that may be

20  appropriate to effectuate the plan. The corporation shall have

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

22  other indebtedness, and shall have other powers reasonably

23  necessary to effectuate the requirements of this subsection,

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

25  incur other indebtedness in order to refinance outstanding

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

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

28  indebtedness under chapter 75. The corporation may issue bonds

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

30  behalf by a unit of local government pursuant to subparagraph

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


                                  18

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






    CS for SB 2498                                Second Engrossed



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

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

 3  efficiently meet the financial obligations of the corporation

 4  and that such financings are reasonably necessary to

 5  effectuate the requirements of this subsection. The

 6  corporation is authorized to take all actions needed to

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

 8  including formation of trusts or other affiliated entities.

 9  The corporation shall have the authority to pledge

10  assessments, projected recoveries from the Florida Hurricane

11  Catastrophe Fund, other reinsurance recoverables, market

12  equalization and other surcharges, and other funds available

13  to the corporation as security for bonds or other

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

15  Constitution, prohibiting the impairment of obligations of

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

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

18  financing agreement or any revenue source committed by

19  contract to such bond or other indebtedness.

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

21  to the supervision and approval of a board of governors

22  consisting of eight individuals who are residents of this

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

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

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

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

27  members appointed by each appointing officer must have

28  demonstrated expertise in insurance. The Chief Financial

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

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

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


                                  19

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






    CS for SB 2498                                Second Engrossed



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

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

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

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

 5  appointing officer. The Chief Financial Officer shall appoint

 6  a technical advisory group to provide information and advice

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

 8  duties under this subsection. The executive director and

 9  senior managers of the corporation shall be engaged by the

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

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

12  confirmation by the Senate. The executive director is

13  responsible for employing other staff as the corporation may

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

15         b.  The board shall create a Market Accountability

16  Advisory Committee to assist the corporation in developing

17  awareness of its rates and its customer and agent service

18  levels in relationship to the voluntary market insurers

19  writing similar coverage. The members of the advisory

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

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

22  four representatives, one appointed by the Florida Association

23  of Insurance Agents, one by the Florida Association of

24  Insurance and Financial Advisors, one by the Professional

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

26  Association of Insurance Agencies; three representatives

27  appointed by the insurers with the three highest voluntary

28  market share of residential property insurance business in the

29  state; one representative from the Office of Insurance

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

31  by the corporation at the time of appointment to the


                                  20

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






    CS for SB 2498                                Second Engrossed



 1  committee; one representative appointed by the Florida

 2  Association of Realtors; and one representative appointed by

 3  the Florida Bankers Association. All members must serve for

 4  3-year terms and may serve for consecutive terms. The

 5  committee shall report to the corporation at each board

 6  meeting on insurance market issues which may include rates and

 7  rate competition with the voluntary market; service, including

 8  policy issuance, claims processing, and general responsiveness

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

10  to depopulation.

11         5.  Must provide a procedure for determining the

12  eligibility of a risk for coverage, as follows:

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

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

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

16  approved rate under either a standard policy including wind

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

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

19  coverage, for a new application to the corporation for

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

21  the corporation unless the premium for coverage from the

22  authorized insurer is more than 15 25 percent greater than the

23  premium for comparable coverage from the corporation. If the

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

25  eligible for either a standard policy including wind coverage

26  or a basic policy including wind coverage issued by the

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

28  standard policy including wind coverage regardless of market

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

30  including wind coverage unless rejected under subparagraph 8.

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


                                  21

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






    CS for SB 2498                                Second Engrossed



 1  policyholder remains eligible for coverage from the

 2  corporation regardless of any offer of coverage from an

 3  authorized insurer or surplus lines insurer. The corporation

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

 5  of objective standards specified in the underwriting manual

 6  and based on generally accepted underwriting practices.

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

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

 9  mechanism established by the corporation before a policy is

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

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

12  who submitted the application to the plan or to the

13  corporation is not currently appointed by the insurer, the

14  insurer shall:

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

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

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

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

19  commission of the corporation; or

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

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

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

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

24  commission for the type of policy written.

25  

26  If the producing agent is unwilling or unable to accept

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

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

29         (II)  When the corporation enters into a contractual

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

31  


                                  22

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






    CS for SB 2498                                Second Engrossed



 1  of the corporation policy is entitled to retain any unearned

 2  commission on the policy, and the insurer shall:

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

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

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

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

 7  customary commission of the corporation; or

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

 9  the corporation policy to continue servicing the policy for a

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

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

12  customary 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-sub-subparagraph (A).

17         b.  With respect to commercial lines residential risks,

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

19  risk is offered coverage under a policy including wind

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

21  risk is not eligible for any policy issued by the corporation

22  unless the premium for coverage from the authorized insurer is

23  more than 15 25 percent greater than the premium for

24  comparable coverage from the corporation. If the risk is not

25  able to obtain any such offer, the risk is eligible for a

26  policy including wind coverage issued by the corporation.

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.

31  


                                  23

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






    CS for SB 2498                                Second Engrossed



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

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

 3  mechanism established by the corporation before a policy is

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

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

 6  who submitted the application to the plan or the corporation

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

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

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

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

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

12  commission of the corporation; or

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

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

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

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

17  commission for the type of policy written.

18  

19  If the producing agent is unwilling or unable to accept

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

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

22         (II)  When the corporation enters into a contractual

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

24  of the corporation policy is entitled to retain any unearned

25  commission on the policy, and the insurer shall:

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

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

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

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

30  customary commission of the corporation; or

31  


                                  24

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






    CS for SB 2498                                Second Engrossed



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

 2  the corporation policy to continue servicing the policy for a

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

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

 5  customary commission for the type of policy written.

 6  

 7  If the producing agent is unwilling or unable to accept

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

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

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

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

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

13  corporation shall make such application available for review

14  by general lines agents and authorized property and casualty

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

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

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

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

19  board determines are necessary to prevent lapses in coverage.

20         7.  Must include rules for classifications of risks and

21  rates therefor.

22         8.  Must provide that if premium and investment income

23  for an account attributable to a particular calendar year are

24  in excess of projected losses and expenses for the account

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

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

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

28  be used for that purpose prior to assessing assessable

29  insurers and assessable insureds as to any calendar year.

30         9.  Must provide objective criteria and procedures to

31  be uniformly applied for all applicants in determining whether


                                  25

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






    CS for SB 2498                                Second Engrossed



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

 2  making this determination and in establishing the criteria and

 3  procedures, the following shall be considered:

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

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

 6  class; and

 7         b.  Whether the uncertainty associated with the

 8  individual risk is such that an appropriate premium cannot be

 9  determined.

10  

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

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

13  provisions of chapter 120 shall not apply.

14         10.  Must provide that the corporation shall make its

15  best efforts to procure catastrophe reinsurance at reasonable

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

17  as determined by the board of governors.

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

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

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

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

22  shall levy upon corporation policyholders in its next rate

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

24  a Citizens policyholder surcharge arising from a regular

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

26  amount of such regular assessments divided by the aggregate

27  statewide direct written premium for subject lines of business

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

29  Citizens policyholder surcharge to be levied under this

30  subparagraph, the total amount of the regular assessment to

31  which this surcharge is related shall be determined as set


                                  26

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






    CS for SB 2498                                Second Engrossed



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

 2  Citizens policyholder surcharge. Citizens policyholder

 3  surcharges under this subparagraph are not considered premium

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

 5  however, failure to pay a market equalization surcharge shall

 6  be treated as failure to pay premium.

 7         12.  The policies issued by the corporation must

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

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

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

11  renewal through the corporation, except as otherwise provided

12  in this subsection.

13         13.  Corporation policies and applications must include

14  a notice that the corporation policy could, under this

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

16  insurer that does not provide coverage identical to the

17  coverage provided by the corporation. The notice shall also

18  specify that acceptance of corporation coverage creates a

19  conclusive presumption that the applicant or policyholder is

20  aware of this potential.

21         14.  May establish, subject to approval by the office,

22  different eligibility requirements and operational procedures

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

24  area if the board determines that such changes to the

25  eligibility requirements and operational procedures are

26  justified due to the voluntary market being sufficiently

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

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

29  to obtain insurance through the voluntary market through

30  ordinary methods would continue to have access to coverage

31  from the corporation. When coverage is sought in connection


                                  27

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






    CS for SB 2498                                Second Engrossed



 1  with a real property transfer, such requirements and

 2  procedures shall not provide for an effective date of coverage

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

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

 5  applicable, the lender.

 6         15.  Must provide that, with respect to the high-risk

 7  account, any assessable insurer with a surplus as to

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

 9  more of its total countrywide property insurance premiums in

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

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

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

13  limited apportionment company for a deficit incurred by the

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

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

16  assessments are collected by the limited apportionment company

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

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

19  levied by the corporation. A limited apportionment company

20  shall collect from its policyholders any emergency assessment

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

22  that, if the office determines that any regular assessment

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

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

25  of such assessment be deferred as provided in subparagraph

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

27  emergency assessment to be collected from policyholders under

28  sub-subparagraph (b)3.d.

29         16.  Must provide that the corporation appoint as its

30  licensed agents only those agents who also hold an appointment

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


                                  28

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






    CS for SB 2498                                Second Engrossed



 1  the agent's initial appointment by the corporation is

 2  authorized to write and is actually writing personal lines

 3  residential property coverage, commercial residential property

 4  coverage, or commercial nonresidential property coverage

 5  within the state.

 6         17.  Must provide, by July 1, 2007, a premium payment

 7  plan option to its policyholders which allows for quarterly

 8  and semiannual payment of premiums.

 9         18.  Must provide, effective June 1, 2007, that the

10  corporation contract with each insurer providing the non-wind

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

12  account, requiring that the insurer provide claims adjusting

13  services for the wind coverage provided by the corporation for

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

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

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

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

18  capable of providing adjusting services at an acceptable level

19  of quality to corporation policyholders. The terms and

20  conditions of such contracts must be substantially the same as

21  the contracts that the corporation executed with insurers

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

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

24  that the board determines are necessary to ensure that claims

25  are adjusted appropriately. The corporation shall provide a

26  process for neutral arbitration of any dispute between the

27  corporation and the insurer regarding the terms of the

28  contract. The corporation shall review and monitor the

29  performance of insurers under these contracts.

30  

31  


                                  29

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






    CS for SB 2498                                Second Engrossed



 1         18.19.  Must limit coverage on mobile homes or

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

 3  the dwelling rather than replacement costs of the dwelling.

 4         19.20.  May provide such limits of coverage as the

 5  board determines, consistent with the requirements of this

 6  subsection.

 7         20.21.  May require commercial property to meet

 8  specified hurricane mitigation construction features as a

 9  condition of eligibility for coverage.

10         (m)1.  Rates for coverage provided by the corporation

11  shall be actuarially sound and subject to the requirements of

12  s. 627.062, except as otherwise provided in this paragraph.

13  The corporation shall file its recommended rates with the

14  office at least annually. The corporation shall provide any

15  additional information regarding the rates which the office

16  requires. The office shall consider the recommendations of the

17  board and issue a final order establishing the rates for the

18  corporation within 45 days after the recommended rates are

19  filed. The corporation may not pursue an administrative

20  challenge or judicial review of the final order of the office.

21         2.  In addition to the rates otherwise determined

22  pursuant to this paragraph, the corporation shall impose and

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

24  624.509 to augment the financial resources of the corporation.

25         3.  After the public hurricane loss-projection model

26  under s. 627.06281 has been found to be accurate and reliable

27  by the Florida Commission on Hurricane Loss Projection

28  Methodology, that model shall serve as the minimum benchmark

29  for determining the windstorm portion of the corporation's

30  rates. This subparagraph does not require or allow the

31  


                                  30

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






    CS for SB 2498                                Second Engrossed



 1  corporation to adopt rates lower than the rates otherwise

 2  required or allowed by this paragraph.

 3         4.  The rate filings for the corporation which were

 4  approved by the office and which took effect January 1, 2007,

 5  are rescinded, except for those rates that were lowered. As

 6  soon as possible, the corporation shall begin using the lower

 7  rates that were in effect on December 31, 2006, and shall

 8  provide refunds to policyholders who have paid higher rates as

 9  a result of that rate filing. The rates in effect on December

10  31, 2006, shall remain in effect for the 2007 and 2008

11  calendar years year except for any rate change that results in

12  a lower rate. The next rate change that may increase rates

13  shall take effect January 1, 2009 2008, pursuant to a new rate

14  filing recommended by the corporation and established by the

15  office, subject to the requirements of this paragraph.

16         (r)1.  There shall be no liability on the part of, and

17  no cause of action of any nature shall arise against, any

18  assessable insurer or its agents or employees, the corporation

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

20  or their respective designees at a board meeting, corporation

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

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

23  responsibilities under this subsection. Such immunity does not

24  apply to:

25         a.1.  Any of the foregoing persons or entities for any

26  willful tort;

27         b.2.  The corporation or its producing agents for

28  breach of any contract or agreement pertaining to insurance

29  coverage;

30         c.3.  The corporation with respect to issuance or

31  payment of debt; or


                                  31

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






    CS for SB 2498                                Second Engrossed



 1         d.4.  Any assessable insurer with respect to any action

 2  to enforce an assessable insurer's obligations to the

 3  corporation under this subsection; or.

 4         e.  The corporation in any pending or future action for

 5  breach of contract or for benefits under a policy issued by

 6  the corporation; in any such action, the corporation shall be

 7  liable to the policyholders and beneficiaries for attorney's

 8  fees under s. 627.428.

 9         2.  The corporation shall manage its claim employees,

10  independent adjusters, and others who handle claims to ensure

11  they carry out the corporation's duty to its policyholders to

12  handle claims carefully, timely, diligently, and in good

13  faith, balanced against the corporation's duty to the state to

14  manage its assets responsibly to minimize its assessment

15  potential.

16         (ff)  The office may establish a pilot program to offer

17  optional sinkhole coverage in one or more counties or other

18  territories of the corporation for the purpose of implementing

19  s. 627.706, as amended by s. 30 of chapter 2007-1, Laws of

20  Florida. Under the pilot program, the corporation is not

21  required to issue a notice of nonrenewal to exclude sinkhole

22  coverage upon the renewal of existing policies, but may

23  exclude such coverage using a notice of coverage change.

24         Section 6.  Subsection (11) is added to section

25  627.062, Florida Statutes, as amended by section 18 of chapter

26  2007-1, Laws of Florida, to read:

27         627.062  Rate standards.--

28         (11)  Any interest paid pursuant to s. 627.70131(5) may

29  not be included in the insurer's rate base and may not be used

30  to justify a rate or rate change.

31  


                                  32

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






    CS for SB 2498                                Second Engrossed



 1         Section 7.  Paragraph (i) of subsection (1) of section

 2  626.9541, Florida Statutes, is amended to read:

 3         626.9541  Unfair methods of competition and unfair or

 4  deceptive acts or practices defined.--

 5         (1)  UNFAIR METHODS OF COMPETITION AND UNFAIR OR

 6  DECEPTIVE ACTS.--The following are defined as unfair methods

 7  of competition and unfair or deceptive acts or practices:

 8         (i)  Unfair claim settlement practices.--

 9         1.  Attempting to settle claims on the basis of an

10  application, when serving as a binder or intended to become a

11  part of the policy, or any other material document which was

12  altered without notice to, or knowledge or consent of, the

13  insured;

14         2.  A material misrepresentation made to an insured or

15  any other person having an interest in the proceeds payable

16  under such contract or policy, for the purpose and with the

17  intent of effecting settlement of such claims, loss, or damage

18  under such contract or policy on less favorable terms than

19  those provided in, and contemplated by, such contract or

20  policy; or

21         3.  A violation of s. 627.70131(5), if the insurer's

22  handling of the claim is found to be dishonest or in reckless

23  disregard for the rights of any insured;

24         4.  Failing to pay undisputed amounts of partial or

25  full benefits under first-party property insurance policies

26  within 30 days after determining the amounts of partial or

27  full benefits and agreeing to coverage; or

28         5.3.  Committing or performing with such frequency as

29  to indicate a general business practice any of the following:

30         a.  Failing to adopt and implement standards for the

31  proper investigation of claims;


                                  33

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






    CS for SB 2498                                Second Engrossed



 1         b.  Misrepresenting pertinent facts or insurance policy

 2  provisions relating to coverages at issue;

 3         c.  Failing to acknowledge and act promptly upon

 4  communications with respect to claims;

 5         d.  Denying claims without conducting reasonable

 6  investigations based upon available information;

 7         e.  Failing to affirm or deny full or partial coverage

 8  of claims, and, as to partial coverage, the dollar amount or

 9  extent of coverage, or failing to provide a written statement

10  that the claim is being investigated, upon the written request

11  of the insured within 30 days after proof-of-loss statements

12  have been completed;

13         f.  Failing to promptly provide a reasonable

14  explanation in writing to the insured of the basis in the

15  insurance policy, in relation to the facts or applicable law,

16  for denial of a claim or for the offer of a compromise

17  settlement;

18         g.  Failing to promptly notify the insured of any

19  additional information necessary for the processing of a

20  claim; or

21         h.  Failing to clearly explain the nature of the

22  requested information and the reasons why such information is

23  necessary.

24         Section 8.  Subsections (4) and (5) of section

25  627.70131, Florida Statutes, as amended by section 27 of

26  chapter 2007-1, Laws of Florida, are amended to read:

27         627.70131  Insurer's duty to acknowledge communications

28  regarding claims; investigation.--

29         (4)  For purposes of this section, the term "claim"

30  means any of the following:

31  


                                  34

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






    CS for SB 2498                                Second Engrossed



 1         (a)  A claim under an insurance policy providing

 2  residential coverage as defined in s. 627.4025(1);

 3         (b)  A claim for structural or contents coverage under

 4  a commercial property insurance policy if the insured

 5  structure is 10,000 square fee or less; or

 6         (c)  A claim for contents coverage under a commercial

 7  tenants policy if the insured premises is 10,000 square feet

 8  or less. "insurer" means any residential property insurer.

 9         (5)  Within 90 days after an insurer receives notice of

10  a property insurance claim from a policyholder under a policy

11  providing residential coverage as defined in s. 627.4025, the

12  insurer shall pay or deny such claim or a portion of the claim

13  unless the failure to pay such claim or a portion of the claim

14  is caused by factors beyond the control of the insurer which

15  reasonably prevent such payment. Any payment of a claim or

16  portion of a claim paid 90 days after the insurer receives

17  notice of the claim, or paid more than 15 days after there are

18  no longer factors beyond the control of the insurer which

19  reasonably prevented such payment, whichever is later, shall

20  bear interest at the rate set forth in s. 55.03. Interest

21  begins to accrue from the date the insurer receives notice of

22  the claim. The provisions of this subsection may not be

23  waived, voided, or nullified by the terms of the insurance

24  policy. If there is a right to prejudgment interest, the

25  insured shall select whether to receive prejudgment interest

26  or interest under this subsection. Interest is payable when

27  the claim or portion of the claim is paid. Failure to comply

28  with this subsection constitutes a violation of this code.

29         Section 9.  Effective January 1, 2008, and

30  notwithstanding any other provision of law:

31  


                                  35

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






    CS for SB 2498                                Second Engrossed



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

 2  of residential property insurance may not be issued to any

 3  insurer domiciled in this state which is a wholly owned

 4  subsidiary of an insurer authorized to do business in any

 5  other state.

 6         (2)  The rate filings of any insurer domiciled in this

 7  state that is a wholly owned subsidiary of an insurer

 8  authorized to do business in any other state shall include

 9  information relating to the profits of the parent company of

10  the insurer domiciled in this state.

11         Section 10.  Subsection (2) of section 626.9201,

12  Florida Statutes, is amended to read:

13         626.9201  Notice of cancellation or nonrenewal.--

14         (2)  An insurer issuing a policy providing coverage for

15  property, casualty, surety, or marine insurance shall give the

16  named insured written notice of cancellation or termination

17  other than nonrenewal at least 45 days prior to the effective

18  date of the cancellation or termination, including in the

19  written notice the reason or reasons for the cancellation or

20  termination, except that:

21         (a)  When cancellation is for nonpayment of premium, at

22  least 10 days' written notice of cancellation accompanied by

23  the reason therefor shall be given. As used in this paragraph,

24  the term "nonpayment of premium" means the failure of the

25  named insured to discharge when due any of his or her

26  obligations in connection with the payment of premiums on a

27  policy or an installment of such a premium, whether the

28  premium or installment is payable directly to the insurer or

29  its agent or indirectly under any plan for financing premiums

30  or extension of credit or the failure of the named insured to

31  maintain membership in an organization if such membership is a


                                  36

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






    CS for SB 2498                                Second Engrossed



 1  condition precedent to insurance coverage. The term also

 2  includes the failure of a financial institution to honor the

 3  check of an applicant for insurance which was delivered to a

 4  licensed agent for payment of a premium, even if the agent

 5  previously delivered or transferred the premium to the

 6  insurer. If a dishonored check represents payment of the

 7  initial premium, the contract, and all contractual obligations

 8  are void ab initio unless the nonpayment is cured within the

 9  earlier of 5 days after actual notice by certified mail is

10  received by the applicant or 15 days after notice is sent to

11  the applicant by certified mail or registered mail, and, if

12  the contract is void, any premium received by the insurer from

13  a third party shall be refunded to that party in full; and

14         (b)  When such cancellation or termination occurs

15  during the first 90 days during which the insurance is in

16  force and the insurance is canceled or terminated for reasons

17  other than nonpayment, at least 20 days' written notice of

18  cancellation or termination accompanied by the reason therefor

19  shall be given except where there has been a material

20  misstatement or misrepresentation or failure to comply with

21  the underwriting requirements established by the insurer.

22         Section 11.  Notwithstanding section 9 of chapter

23  2007-1, Laws of Florida, the internal design option provided

24  in Section 1609.1.4.1, Florida Building Code, Building Volume,

25  and Section R301.2.1.2, Florida Building Code, Residential

26  Volume, shall remain in effect until June 1, 2007, for a

27  building permit application made before that date.

28         Section 12.  Section 11 of this act shall take effect

29  upon becoming a law and applies retroactively to January 25,

30  2007, the effective date of chapter 2007-1, Laws of Florida.

31  Section 11 of this act applies to any action taken with


                                  37

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






    CS for SB 2498                                Second Engrossed



 1  respect to a building permit affected by section 9 of chapter

 2  2007-1, Laws of Florida, including any actions, legal or

 3  ministerial, pertaining to the issuance, revocation, or

 4  modifications of any building permit initiated or issued

 5  before, on, or after January 25, 2007, or pending as of

 6  January 25, 2007. If the retroactivity of any provision of

 7  Section 11 of this act or its retroactive application to any

 8  person or circumstance is held invalid, the invalidity does

 9  not affect the retroactivity or retroactive application of

10  other provisions of Section 11 of this act.

11         Section 13.  Except as otherwise expressly provided in

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

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  


                                  38

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