Senate Bill sb2498er

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    2007 Legislature                 CS for SB 2498, 3rd Engrossed



  1                                 

  2         An act relating to hurricane preparedness and

  3         insurance; amending s. 163.01, F.S.; correcting

  4         a cross-reference; amending s. 215.555, F.S.;

  5         revising certain reimbursement contract

  6         requirements; deleting an expiration provision

  7         relating to obtaining coverage for liquidated

  8         insurers; delaying repeal of an exemption of

  9         medical malpractice insurance premiums from

10         emergency assessments; revising criteria,

11         requirements, and limitations on temporary

12         emergency options for additional coverage under

13         the Florida Hurricane Catastrophe Fund;

14         amending s. 215.5595, F.S.; providing that

15         domestic and other insurers writing only

16         manufactured housing policies are eligible to

17         receive a surplus note in a specified amount;

18         revising prioritization of certain insurers in

19         receiving funds; providing a definition;

20         amending s. 624.407, F.S.; revising an insurer

21         criterion for capital funds requirements for

22         new insurers; amending s. 626.914, F.S.;

23         revising the definition of the term "diligent

24         effort"; amending s. 626.916, F.S.; providing

25         requirements for insurance coverage eligible

26         for export for residential property risks;

27         requiring that the insured be notified that

28         coverage may be available from Citizens

29         Property Insurance Corporation; amending s.

30         626.9201, F.S.; revising requirements

31         concerning cancellation for nonpayment of


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    2007 Legislature                 CS for SB 2498, 3rd Engrossed



 1         premium of policies providing coverage for

 2         property, casualty, surety, or marine

 3         insurance; defining the term "nonpayment of

 4         premium"; providing that certain contracts or

 5         contractual obligations concerning such

 6         coverage are void under specified conditions;

 7         requiring the refund of certain premiums

 8         received by an insurer; amending s. 627.0613,

 9         F.S.; limiting application of certain annual

10         report card preparation powers of the consumer

11         advocate to personal residential property

12         insurers; amending s. 627.062, F.S.; specifying

13         application of certain "file and use"

14         requirements to property insurance only;

15         excluding certain motor vehicle coverages;

16         providing that certain interest paid by an

17         insurer may not be included in rate base or

18         used to justify a rate or rate change; amending

19         s. 627.0655, F.S.; revising criteria for

20         certain inclusion of discounts in certain

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

22         legislative findings to provide a finding that

23         the lack of affordable property insurance

24         threatens the public health, safety, and

25         welfare and threatens the economic health of

26         the state; revising provisions for determining

27         eligibility for coverage under Citizens

28         Property Insurance Corporation; limiting

29         application of the term "subject lines of

30         business" to deficit assessments; revising a

31         provision for determining eligibility of a risk


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 1         for coverage; providing requirements for

 2         determining comparable coverage; specifying the

 3         sections of ch. 112, F.S., relating to the code

 4         of ethics for political subdivisions of the

 5         state, which apply to employees, senior

 6         managers, and members of the board of the

 7         corporation; revising requirements relating to

 8         senior management employees and members of the

 9         board of governors; amending s. 627.3511, F.S.;

10         correcting a cross-reference; amending s.

11         627.3515, F.S.; revising criteria for an

12         electronic database for a business plan;

13         amending s. 627.3517, F.S.; deleting a

14         provision specifying nonapplication for a

15         certain period; amending s. 627.4035, F.S.;

16         revising a premium payment plan option

17         provision for certain insurers; amending s.

18         627.4133, F.S.; specifying requirements for

19         notices of nonrenewal and renewal of property

20         insurance policies; authorizing the Financial

21         Services Commission to adopt rules; amending s.

22         627.701, F.S.; revising requirements for

23         deductibles for certain personal lines

24         residential property insurance policies;

25         amending s. 627.70131, F.S.; revising

26         provisions relating to when an insurer must pay

27         a claim; providing conditions under which

28         interest must be paid; providing a definition;

29         providing for nonapplication to certain claims;

30         amending s. 627.712, F.S.; limiting application

31         of certain residential windstorm coverage


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    2007 Legislature                 CS for SB 2498, 3rd Engrossed



 1         requirements to property insurance policies;

 2         specifying separate coverage exclusion

 3         statements for policyholders that are natural

 4         persons and other than natural persons;

 5         specifying a period of application of certain

 6         exclusions; providing for implementation of

 7         changes to certain exclusions; amending s.

 8         627.7277, F.S.; deleting certain notice of

 9         renewal premium requirements; deleting

10         authority of the commission to adopt rules;

11         amending s. 631.52, F.S.; expanding an

12         exception to application to self-insurance of

13         provisions relating to Florida Insurance

14         Guaranty of Payments; amending s. 631.57, F.S.;

15         revising certain emergency assessment

16         provisions relating to insurers rendered

17         insolvent by the effects of hurricanes;

18         amending s. 631.695, F.S.; deleting provisions

19         limiting application of certain revenue bond

20         issuance authority to certain counties;

21         creating s. 1004.647, F.S.; creating the

22         Florida Catastrophic Storm Risk Management

23         Center at Florida State University; providing

24         purposes; providing responsibilities of the

25         center; prohibiting issuance of new

26         certificates of authority to certain insurers;

27         requiring rate filings of certain insurers to

28         include certain parent company profits

29         information; providing that the internal design

30         option of the Florida Building Code remains in

31         effect until a specified date for a building


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 1         permit application made before that date,

 2         notwithstanding provisions of ch. 2007-1, Laws

 3         of Florida; providing for effect and for

 4         retroactive application; applying the act to

 5         any actions taken with respect to a building

 6         permit affected by such prior act; creating the

 7         Citizens Property Insurance Corporation Mission

 8         Review Task Force; providing purposes;

 9         requiring a report; providing report

10         requirements; providing for appointment of

11         members; providing responsibilities; specifying

12         service without compensation; providing for

13         reimbursement of per diem and travel expenses;

14         providing meeting requirements; requiring the

15         corporation to assist the task force; providing

16         for the expiration of the task force; requiring

17         the Department of Financial Services to provide

18         information, facilities, and assistance to the

19         task force necessary to carry out its purposes;

20         providing an appropriation; providing effective

21         dates.

22  

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

24  

25         Section 1.  Paragraph (h) of subsection (7) of section

26  163.01, Florida Statutes, as amended by chapter 2007-1, Laws

27  of Florida, is amended to read:

28         163.01  Florida Interlocal Cooperation Act of 1969.--

29         (7)

30         (h)1.  Notwithstanding the provisions of paragraph (c),

31  any separate legal entity consisting of an alliance, as


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    2007 Legislature                 CS for SB 2498, 3rd Engrossed



 1  defined in s. 395.106(2)(a), created pursuant to this

 2  paragraph and controlled by and whose members consist of

 3  eligible entities comprised of special districts created

 4  pursuant to a special act and having the authority to own or

 5  operate one or more hospitals licensed in this state or

 6  hospitals licensed in this state that are owned, operated, or

 7  funded by a county or municipality, for the purpose of

 8  providing property insurance coverage as defined in s.

 9  395.106(2)(b)(c), for such eligible entities, may exercise all

10  powers under this subsection in connection with borrowing

11  funds for such purposes, including, without limitation, the

12  authorization, issuance, and sale of bonds, notes, or other

13  obligations of indebtedness. Borrowed funds, including, but

14  not limited to, bonds issued by such alliance shall be deemed

15  issued on behalf of such eligible entities that enter into

16  loan agreements with such separate legal entity as provided in

17  this paragraph.

18         2.  Any such separate legal entity shall have all the

19  powers that are provided by the interlocal agreement under

20  which the entity is created or that are necessary to finance,

21  operate, or manage the alliance's property insurance coverage

22  program. Proceeds of bonds, notes, or other obligations issued

23  by such an entity may be loaned to any one or more eligible

24  entities. Such eligible entities are authorized to enter into

25  loan agreements with any separate legal entity created

26  pursuant to this paragraph for the purpose of obtaining moneys

27  with which to finance property insurance coverage or claims.

28  Obligations of any eligible entity pursuant to a loan

29  agreement as described in this paragraph may be validated as

30  provided in chapter 75.

31  


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 1         3.  Any bonds, notes, or other obligations to be issued

 2  or incurred by a separate legal entity created pursuant to

 3  this paragraph shall be authorized by resolution of the

 4  governing body of such entity and bear the date or dates;

 5  mature at the time or times, not exceeding 30 years from their

 6  respective dates; bear interest at the rate or rates, which

 7  may be fixed or vary at such time or times and in accordance

 8  with a specified formula or method of determination; be

 9  payable at the time or times; be in the denomination; be in

10  the form; carry the registration privileges; be executed in

11  the manner; be payable from the sources and in the medium of

12  payment and at the place; and be subject to redemption,

13  including redemption prior to maturity, as the resolution may

14  provide. The bonds, notes, or other obligations may be sold at

15  public or private sale for such price as the governing body of

16  the separate legal entity shall determine. The bonds may be

17  secured by such credit enhancement, if any, as the governing

18  body of the separate legal entity deems appropriate. The bonds

19  may be secured by an indenture of trust or trust agreement. In

20  addition, the governing body of the separate legal entity may

21  delegate, to such officer or official of such entity as the

22  governing body may select, the power to determine the time;

23  manner of sale, public or private; maturities; rate or rates

24  of interest, which may be fixed or may vary at such time or

25  times and in accordance with a specified formula or method of

26  determination; and other terms and conditions as may be deemed

27  appropriate by the officer or official so designated by the

28  governing body of such separate legal entity. However, the

29  amounts and maturities of such bonds, the interest rate or

30  rates, and the purchase price of such bonds shall be within

31  the limits prescribed by the governing body of such separate


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 1  legal entity in its resolution delegating to such officer or

 2  official the power to authorize the issuance and sale of such

 3  bonds.

 4         4.  Bonds issued pursuant to this paragraph may be

 5  validated as provided in chapter 75. The complaint in any

 6  action to validate such bonds shall be filed only in the

 7  Circuit Court for Leon County. The notice required to be

 8  published by s. 75.06 shall be published in Leon County and in

 9  each county in which an eligible entity that is a member of an

10  alliance is located. The complaint and order of the circuit

11  court shall be served only on the State Attorney of the Second

12  Judicial Circuit and on the state attorney of each circuit in

13  each county in which an eligible entity receiving bond

14  proceeds is located.

15         5.  The accomplishment of the authorized purposes of a

16  separate legal entity created under this paragraph is deemed

17  in all respects for the benefit, increase of the commerce and

18  prosperity, and improvement of the health and living

19  conditions of the people of this state. Inasmuch as the

20  separate legal entity performs essential public functions in

21  accomplishing its purposes, the separate legal entity is not

22  required to pay any taxes or assessments of any kind upon any

23  property acquired or used by the entity for such purposes or

24  upon any revenues at any time received by the entity. The

25  bonds, notes, and other obligations of such separate legal

26  entity, the transfer of and income from such bonds, notes, and

27  other obligations, including any profits made on the sale of

28  such bonds, notes, and other obligations, are at all times

29  free from taxation of any kind of the state or by any

30  political subdivision or other agency or instrumentality of

31  the state. The exemption granted in this paragraph does not


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 1  apply to any tax imposed by chapter 220 on interest, income,

 2  or profits on debt obligations owned by corporations.

 3         6.  The participation by any eligible entity in an

 4  alliance or a separate legal entity created pursuant to this

 5  paragraph may not be deemed a waiver of immunity to the extent

 6  of liability or any other coverage, and a contract entered

 7  regarding such alliance is not required to contain any

 8  provision for waiver.

 9         Section 2.  Paragraph (b) of subsection (4), paragraph

10  (e) of subsection (5), paragraph (b) of subsection (6), and

11  subsection (16) of section 215.555, Florida Statutes, as

12  amended by chapter 2007-1, Laws of Florida, are amended to

13  read:

14         215.555  Florida Hurricane Catastrophe Fund.--

15         (4)  REIMBURSEMENT CONTRACTS.--

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

17  board to reimburse the insurer for 45 percent, 75 percent, or

18  90 percent of its losses from each covered event in excess of

19  the insurer's retention, plus 5 percent of the reimbursed

20  losses to cover loss adjustment expenses.

21         2.  The insurer must elect one of the percentage

22  coverage levels specified in this paragraph and may, upon

23  renewal of a reimbursement contract, elect a lower percentage

24  coverage level if no revenue bonds issued under subsection (6)

25  after a covered event are outstanding, or elect a higher

26  percentage coverage level, regardless of whether or not

27  revenue bonds are outstanding. All members of an insurer group

28  must elect the same percentage coverage level. Any joint

29  underwriting association, risk apportionment plan, or other

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

31  coverage level.


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 1         3.  The contract shall provide that reimbursement

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

 3  the insurer from other sources.

 4         4.  Notwithstanding any other provision contained in

 5  this section, the board shall make available to insurers that

 6  purchased coverage provided by this subparagraph participated

 7  in 2006, insurers qualifying as limited apportionment

 8  companies under s. 627.351(6)(c) which began writing property

 9  insurance in 2007, and insurers that were approved to

10  participate in 2006 or that are approved in 2007 for the

11  Insurance Capital Build-Up Incentive Program pursuant to s.

12  215.5595, a contract or contract addendum that provides an

13  additional amount of reimbursement coverage of up to $10

14  million. The premium to be charged for this additional

15  reimbursement coverage shall be 50 percent of the additional

16  reimbursement coverage provided, which shall include one

17  prepaid reinstatement. The minimum retention level that an

18  eligible participating insurer must retain associated with

19  this additional coverage layer is 30 percent of the insurer's

20  surplus as of December 31, 2006. This coverage shall be in

21  addition to all other coverage that may be provided under this

22  section. The coverage provided by the fund under this

23  subparagraph subsection shall be in addition to the

24  claims-paying capacity as defined in subparagraph (c)1., but

25  only with respect to those insurers that select the additional

26  coverage option and meet the requirements of this subparagraph

27  subsection. The claims-paying capacity with respect to all

28  other participating insurers and limited apportionment

29  companies that do not select the additional coverage option

30  shall be limited to their reimbursement premium's

31  proportionate share of the actual claims-paying capacity


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 1  otherwise defined in subparagraph (c)1. and as provided for

 2  under the terms of the reimbursement contract. Coverage

 3  provided in the reimbursement contract will not be affected by

 4  the additional premiums paid by participating insurers

 5  exercising the additional coverage option allowed in this

 6  subparagraph. This subparagraph expires on May 31, 2008.

 7         (5)  REIMBURSEMENT PREMIUMS.--

 8         (e)  If Citizens Property Insurance Corporation assumes

 9  or otherwise provides coverage for policies of an insurer

10  placed in liquidation under chapter 631 pursuant to s.

11  627.351(6), the corporation may, pursuant to conditions

12  mutually agreed to between the corporation and the State Board

13  of Administration, obtain coverage for such policies under its

14  contract with the fund or accept an assignment of the

15  liquidated insurer's contract with the fund. If Citizens

16  Property Insurance Corporation elects to cover these policies

17  under the corporation's contract with the fund, it shall

18  notify the board of its insured values with respect to such

19  policies within a specified time mutually agreed to between

20  the corporation and the board, after such assumption or other

21  coverage transaction, and the fund shall treat such policies

22  as having been in effect as of June 30 of that year. In the

23  event of an assignment, the fund shall apply that contract to

24  such policies and treat Citizens Property Insurance

25  Corporation as if the corporation were the liquidated insurer

26  for the remaining term of the contract, and the corporation

27  shall have all rights and duties of the liquidated insurer

28  beginning on the date it provides coverage for such policies,

29  but the corporation is not subject to any preexisting rights,

30  liabilities, or duties of the liquidated insurer. The

31  assignment, including any unresolved issues between the


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 1  liquidated insurer and Citizens Property Insurance Corporation

 2  under the contract, shall be provided for in the liquidation

 3  order or otherwise determined by the court. However, if a

 4  covered event occurs before the effective date of the

 5  assignment, the corporation may not obtain coverage for such

 6  policies under its contract with the fund and shall accept an

 7  assignment of the liquidated insurer's contract as provided in

 8  this paragraph. This paragraph expires on June 1, 2007.

 9         (6)  REVENUE BONDS.--

10         (b)  Emergency assessments.--

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

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

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

14  corporation, including repayment of revenue bonds and that

15  portion of the debt service coverage not met by reimbursement

16  premiums, the board shall direct the Office of Insurance

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

18  direct premiums for all property and casualty lines of

19  business in this state, including property and casualty

20  business of surplus lines insurers regulated under part VIII

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

22  premiums or medical malpractice premiums. As used in this

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

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

25  Premiums and Losses, in the annual statement required of

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

27  this section, except for those lines identified as accident

28  and health insurance and except for policies written under the

29  National Flood Insurance Program. The assessment shall be

30  specified as a percentage of direct written premium and is

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


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 1  debt obligations. The same percentage shall apply to all

 2  policies in lines of business subject to the assessment issued

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

 4  effective date of the assessment.

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

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

 7  respect to obligations arising out of losses attributable to

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

 9  aggregate annual assessment under this paragraph in excess of

10  10 percent of premium. An annual assessment under this

11  paragraph shall continue as long as the revenue bonds issued

12  with respect to which the assessment was imposed are

13  outstanding, including any bonds the proceeds of which were

14  used to refund the revenue bonds, unless adequate provision

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

16  authorizing issuance of the bonds.

17         3.  Emergency assessments shall be collected from

18  policyholders. Emergency assessments shall be remitted by

19  insurers as a percentage of direct written premium for the

20  preceding calendar quarter as specified in the order from the

21  Office of Insurance Regulation. The office shall verify the

22  accurate and timely collection and remittance of emergency

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

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

25  collecting assessments shall provide the information with

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

27  office to enable the office to monitor and verify compliance

28  with this paragraph.

29         4.  With respect to assessments of surplus lines

30  premiums, each surplus lines agent shall collect the

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


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

 2  shall remit the assessment to the Florida Surplus Lines

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

 4  agent remits the surplus lines tax to the Florida Surplus

 5  Lines Service Office. The emergency assessment on each insured

 6  procuring coverage and filing under s. 626.938 shall be

 7  remitted by the insured to the Florida Surplus Lines Service

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

 9  the Florida Surplus Lines Service Office. The Florida Surplus

10  Lines Service Office shall remit the collected assessments to

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

12  Office of Insurance Regulation. The Florida Surplus Lines

13  Service Office shall verify the proper application of such

14  emergency assessments and shall assist the board in ensuring

15  the accurate and timely collection and remittance of

16  assessments as required by the board. The Florida Surplus

17  Lines Service Office shall annually calculate the aggregate

18  written premium on property and casualty business, other than

19  workers' compensation and medical malpractice, procured

20  through surplus lines agents and insureds procuring coverage

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

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

23         5.  Any assessment authority not used for a particular

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

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

26  amount of revenue produced under subsection (5) is

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

28  the fund and the corporation, including repayment of revenue

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

30  reimbursement premiums, the board shall direct the Office of

31  Insurance Regulation to levy an emergency assessment up to an


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 1  amount not exceeding the amount of unused assessment authority

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

 3  percent provided that the assessments in the aggregate do not

 4  exceed the limits specified in subparagraph 2.

 5         6.  The assessments otherwise payable to the

 6  corporation under this paragraph shall be paid to the fund

 7  unless and until the Office of Insurance Regulation and the

 8  Florida Surplus Lines Service Office have received from the

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

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

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

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

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

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

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

16  fund's agreement with the corporation.

17         7.  Emergency assessments are not premium and are not

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

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

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

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

22  An insurer is not liable for uncollectible assessments.

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

24  premium, it shall also return any collected assessment

25  attributable to the unearned premium. A credit adjustment to

26  the collected assessment may be made by the insurer with

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

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

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

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

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


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

 2  or such insured for the collected assessment attributable to

 3  the unearned premium prior to remitting the emergency

 4  assessment collected to the fund or corporation.

 5         10.  The exemption of medical malpractice insurance

 6  premiums from emergency assessments under this paragraph is

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

 8  insurance premiums shall be subject to emergency assessments

 9  attributable to loss events occurring in the contract years

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

11         (16)  TEMPORARY EMERGENCY OPTIONS FOR ADDITIONAL

12  COVERAGE.--

13         (a)  Findings and intent.--

14         1.  The Legislature finds that:

15         a.  Because of temporary disruptions in the market for

16  catastrophic reinsurance, many property insurers were unable

17  to procure reinsurance for the 2006 hurricane season with an

18  attachment point below the insurers' respective Florida

19  Hurricane Catastrophe Fund attachment points, were unable to

20  procure sufficient amounts of such reinsurance, or were able

21  to procure such reinsurance only by incurring substantially

22  higher costs than in prior years.

23         b.  The reinsurance market problems were responsible,

24  at least in part, for substantial premium increases to many

25  consumers and increases in the number of policies issued by

26  the Citizens Property Insurance Corporation.

27         c.  It is likely that the reinsurance market

28  disruptions will not significantly abate prior to the 2007

29  hurricane season.

30         2.  It is the intent of the Legislature to create a

31  temporary emergency program, applicable to the 2007, 2008, and


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 1  2009 hurricane seasons, to address these market disruptions

 2  and enable insurers, at their option, to procure additional

 3  coverage from the Florida Hurricane Catastrophe Fund.

 4         (b)  Applicability of other provisions of this

 5  section.--All provisions of this section and the rules adopted

 6  under this section apply to the program created by this

 7  subsection unless specifically superseded by this subsection.

 8         (c)  Optional coverage.--For the contract year

 9  commencing June 1, 2007, and ending May 31, 2008, the contract

10  year commencing June 1, 2008, and ending May 31, 2009, and the

11  contract year commencing June 1, 2009, and ending May 31,

12  2010, the board shall offer for each of such years the

13  optional coverage as provided in this subsection.

14         (d)  Additional definitions.--As used in this

15  subsection, the term:

16         1.  "TEACO options" means the temporary emergency

17  additional coverage options created under this subsection.

18         2.  "TEACO insurer" means an insurer that has opted to

19  obtain coverage under the TEACO options in addition to the

20  coverage provided to the insurer under its reimbursement

21  contract.

22         3.  "TEACO reimbursement premium" means the premium

23  charged by the fund for coverage provided under the TEACO

24  options.

25         4.  "TEACO retention" means the amount of losses below

26  which a TEACO insurer is not entitled to reimbursement from

27  the fund under the TEACO option selected. A TEACO insurer's

28  retention options shall be calculated as follows:

29         a.  The board shall calculate and report to each TEACO

30  insurer the TEACO retention multiples. There shall be three

31  TEACO retention multiples for defining coverage. Each multiple


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 1  shall be calculated by dividing $3 billion, $4 billion, or $5

 2  billion by the total estimated mandatory FHCF TEACO

 3  reimbursement premium assuming all insurers selected that

 4  option. Total estimated TEACO reimbursement premium for

 5  purposes of the calculation under this sub-subparagraph shall

 6  be calculated using the assumption that all insurers have

 7  selected a specific TEACO retention multiple option and have

 8  selected the 90-percent coverage level.

 9         b.  The TEACO retention multiples as determined under

10  sub-subparagraph a. shall be adjusted to reflect the coverage

11  level elected by the insurer. For insurers electing the

12  90-percent coverage level, the adjusted retention multiple is

13  100 percent of the amount determined under sub-subparagraph a.

14  For insurers electing the 75-percent coverage level, the

15  retention multiple is 120 percent of the amount determined

16  under sub-subparagraph a. For insurers electing the 45-percent

17  coverage level, the adjusted retention multiple is 200 percent

18  of the amount determined under sub-subparagraph a.

19         c.  An insurer shall determine its provisional TEACO

20  retention by multiplying its estimated mandatory FHCF

21  provisional TEACO reimbursement premium by the applicable

22  adjusted TEACO retention multiple and shall determine its

23  actual TEACO retention by multiplying its actual mandatory

24  FHCF TEACO reimbursement premium by the applicable adjusted

25  TEACO retention multiple.

26         d.  For TEACO insurers who experience multiple covered

27  events causing loss during the contract year, the insurer's

28  full TEACO retention shall be applied to each of the covered

29  events causing the two largest losses for that insurer. For

30  other covered events resulting in losses, the TEACO option

31  


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 1  does not apply and the insurer's retention shall be one-third

 2  of the full retention as calculated under paragraph (2)(e).

 3         5.  "TEACO addendum" means an addendum to the

 4  reimbursement contract reflecting the obligations of the fund

 5  and TEACO insurers under the program created by this

 6  subsection.

 7         6.  "FHCF" means the Florida Hurricane Catastrophe

 8  Fund.

 9         (e)  TEACO addendum.--

10         1.  The TEACO addendum shall provide for reimbursement

11  of TEACO insurers for covered events occurring during the

12  contract year, in exchange for the TEACO reimbursement premium

13  paid into the fund under paragraph (f). Any insurer writing

14  covered policies has the option of choosing to accept the

15  TEACO addendum for any of the 3 contract years that the

16  coverage is offered.

17         2.  The TEACO addendum shall contain a promise by the

18  board to reimburse the TEACO insurer for 45 percent, 75

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

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

21  the reimbursed losses to cover loss adjustment expenses. The

22  percentage shall be the same as the coverage level selected by

23  the insurer under paragraph (4)(b).

24         3.  The TEACO addendum shall provide that reimbursement

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

26  the insurer from other sources.

27         4.  The TEACO addendum shall also provide that the

28  obligation of the board with respect to all TEACO addenda

29  shall not exceed an amount equal to two times the difference

30  between the industry retention level calculated under

31  paragraph (2)(e) and the $3 billion, $4 billion, or $5 billion


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 1  industry TEACO retention level options actually selected, but

 2  in no event may the board's obligation exceed the actual

 3  claims-paying capacity of the fund plus the additional

 4  capacity created in paragraph (g). If the actual claims-paying

 5  capacity and the additional capacity created under paragraph

 6  (g) fall short of the board's obligations under the

 7  reimbursement contract, each insurer's share of the fund's

 8  capacity shall be prorated based on the premium an insurer

 9  pays for its mandatory normal reimbursement coverage and the

10  premium paid for its optional TEACO coverage as each such

11  premium bears to the total premiums paid to the fund times the

12  available capacity.

13         5.  The priorities, schedule, and method of

14  reimbursements under the TEACO addendum shall be the same as

15  provided under subsection (4).

16         6.  A TEACO insurer's maximum reimbursement for a

17  single event shall be equal to the product of multiplying its

18  mandatory FHCF premium by the difference between its FHCF

19  retention multiple and its TEACO retention multiple under the

20  TEACO option selected and by the coverage selected under

21  paragraph (4)(b), plus an additional 5 percent for loss

22  adjustment expenses. A TEACO insurer's maximum reimbursement

23  under the TEACO option selected for a TEACO insurer's two

24  largest events addendum shall be twice its maximum

25  reimbursement for a single event calculated by multiplying the

26  insurer's share of the estimated total TEACO reimbursement

27  premium as calculated under sub-subparagraph (d)4.a. by an

28  amount equal to two times the difference between the industry

29  retention level calculated under paragraph (2)(e) and the $3

30  billion, $4 billion, or $5 billion industry TEACO retention

31  


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 1  level specified in sub-subparagraph (d)4.a. as selected by the

 2  TEACO insurer.

 3         (f)  TEACO reimbursement premiums.--

 4         1.  Each TEACO insurer shall pay to the fund, in the

 5  manner and at the time provided in the reimbursement contract

 6  for payment of reimbursement premiums, a TEACO reimbursement

 7  premium calculated as specified in this paragraph.

 8         2.  The TEACO reimbursement premiums shall be

 9  calculated based on the assumption that, if all insurers

10  entering into reimbursement contracts under subsection (4)

11  also accepted the TEACO option:

12         a.  The insurer's industry TEACO reimbursement premium

13  associated with the $3 billion retention option shall would be

14  equal to 85 percent of a TEACO insurer's maximum reimbursement

15  for a single event as calculated under subparagraph (e)6. the

16  difference between the industry retention level calculated

17  under paragraph (2)(e) and the $3 billion industry TEACO

18  retention level.

19         b.  The TEACO reimbursement premium associated with the

20  $4 billion retention option shall would  be equal to 80

21  percent of a TEACO insurer's maximum reimbursement for a

22  single event as calculated under subparagraph (e)6. the

23  difference between the industry retention level calculated

24  under paragraph (2)(e) and the $4 billion industry TEACO

25  retention level.

26         c.  The TEACO premium associated with the $5 billion

27  retention option shall would be equal to 75 percent of a TEACO

28  insurer's maximum reimbursement for a single event as

29  calculated under subparagraph (e)6. the difference between the

30  industry retention level calculated under paragraph (2)(e) and

31  the $5 billion industry TEACO retention level.


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 1         3.  Each insurer's TEACO premium shall be calculated

 2  based on its share of the total TEACO reimbursement premiums

 3  based on its coverage selection under the TEACO addendum.

 4         (g)  Effect on claims-paying capacity of the fund.--For

 5  the contract term commencing June 1, 2007, the contract year

 6  commencing June 1, 2008, and the contract term beginning June

 7  1, 2009, the program created by this subsection shall increase

 8  the claims-paying capacity of the fund as provided in

 9  subparagraph (4)(c)1. by an amount equal to two times the

10  difference between the industry retention level calculated

11  under paragraph (2)(e) and the $3 billion industry TEACO

12  retention level specified in sub-subparagraph (d)4.a. The

13  additional capacity shall apply only to the additional

14  coverage provided by the TEACO option and shall not otherwise

15  affect any insurer's reimbursement from the fund.

16         Section 3.  Paragraphs (b) and (g) of subsection (2) of

17  section 215.5595, Florida Statutes, as amended by chapter

18  2007-1, Laws of Florida, are amended, and paragraph (j) is

19  added to that subsection, to read:

20         215.5595  Insurance Capital Build-Up Incentive

21  Program.--

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

23  notes to new or existing authorized residential property

24  insurers under the Insurance Capital Build-Up Incentive

25  Program administered by the State Board of Administration,

26  under the following conditions:

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

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

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

30  2006. If an insurer applies after July 1, 2006, but before

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


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

 2  its surplus, except that an insurer writing only manufactured

 3  housing policies is eligible to receive a surplus note of up

 4  to $7 million. For purposes of this section, new capital must

 5  be in the form of cash or cash equivalents as specified in s.

 6  625.012(1).

 7         (g)  The total amount of funds available for the

 8  program is limited to the amount appropriated by the

 9  Legislature for this purpose. If the amount of surplus notes

10  requested by insurers exceeds the amount of funds available,

11  the board may prioritize insurers that are eligible and

12  approved, with priority for funding given to insurers writing

13  only manufactured housing policies, regardless of the date of

14  application, based on the financial strength of the insurer,

15  the viability of its proposed business plan for writing

16  additional residential property insurance in the state, and

17  the effect on competition in the residential property

18  insurance market. Between insurers writing residential

19  property insurance covering manufactured housing, priority

20  shall be given to the insurer writing the highest percentage

21  of its policies covering manufactured housing.

22         (j)  As used in this section, "an insurer writing only

23  manufactured housing policies" includes:

24         1.  A Florida domiciled insurer that begins writing

25  personal lines residential manufactured housing policies in

26  Florida after March 1, 2007, and that removes a minimum of

27  50,000 policies from Citizens Property Insurance Corporation

28  without accepting a bonus, provided at least 25 percent of its

29  policies cover manufactured housing. Such an insurer may count

30  any funds above the minimum capital and surplus requirement

31  


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 1  that were contributed into the insurer after March 1, 2007, as

 2  new capital under this section.

 3         2.  A Florida domiciled insurer that writes at least 40

 4  percent of its policies covering manufactured housing in

 5  Florida.

 6         Section 4.  Subsection (1) of section 624.407, Florida

 7  Statutes, as amended by chapter 2007-1, Laws of Florida, is

 8  amended to read:

 9         624.407  Capital funds required; new insurers.--

10         (1)  To receive authority to transact any one kind or

11  combinations of kinds of insurance, as defined in part V of

12  this chapter, an insurer applying for its original certificate

13  of authority in this state after the effective date of this

14  section shall possess surplus as to policyholders not less

15  than the greater of:

16         (a)  Five million dollars for a property and casualty

17  insurer, or $2.5 million for any other insurer;

18         (b)  For life insurers, 4 percent of the insurer's

19  total liabilities;

20         (c)  For life and health insurers, 4 percent of the

21  insurer's total liabilities, plus 6 percent of the insurer's

22  liabilities relative to health insurance; or

23         (d)  For all insurers other than life insurers and life

24  and health insurers, 10 percent of the insurer's total

25  liabilities;

26  

27  however, a domestic insurer that transacts residential

28  property insurance and is a wholly owned subsidiary of an

29  insurer domiciled authorized to do business in any other state

30  shall possess surplus as to policyholders of at least $50

31  million, but no insurer shall be required under this


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 1  subsection to have surplus as to policyholders greater than

 2  $100 million.

 3         Section 5.  Subsection (4) of section 626.914, Florida

 4  Statutes, is amended to read:

 5         626.914  Definitions.--As used in this Surplus Lines

 6  Law, the term:

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

 8  having been rejected by at least three authorized insurers

 9  currently writing this type of coverage and documenting these

10  rejections. However, if the residential structure has a

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

12  means seeking coverage from and having been rejected by at

13  least one authorized insurer currently writing this type of

14  coverage and documenting this rejection.

15         Section 6.  Paragraph (e) is added to subsection (1) of

16  section 626.916, Florida Statutes, to read:

17         626.916  Eligibility for export.--

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

19  unless it meets all of the following conditions:

20         (e)  For personal residential property risks, the

21  retail or producing agent must advise the insured in writing

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

23  Citizens Property Insurance Corporation. The notice must

24  include other information that states that assessments by

25  Citizens Property Insurance Corporation are higher and the

26  coverage provided by Citizens Property Insurance Corporation

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

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

29  insured has been informed and knows that policies from

30  Citizens Property Insurance Corporation may be less expensive,

31  


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

 2  assessments.

 3         Section 7.  Subsection (2) of section 626.9201, Florida

 4  Statutes, is amended to read:

 5         626.9201  Notice of cancellation or nonrenewal.--

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

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

 8  named insured written notice of cancellation or termination

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

10  date of the cancellation or termination, including in the

11  written notice the reason or reasons for the cancellation or

12  termination, except that:

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

14  least 10 days' written notice of cancellation accompanied by

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

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

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

18  obligations in connection with the payment of premiums on a

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

20  premium or installment is payable directly to the insurer or

21  its agent or indirectly under any plan for financing premiums

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

23  maintain membership in an organization if such membership is a

24  condition precedent to insurance coverage. The term also

25  includes the failure of a financial institution to honor the

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

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

28  previously delivered or transferred the premium to the

29  insurer. If a correctly dishonored check represents payment of

30  the initial premium, the contract, and all contractual

31  obligations are void ab initio unless the nonpayment is cured


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 1  within the earlier of 5 days after actual notice by certified

 2  mail is received by the applicant or 15 days after notice is

 3  sent to the applicant by certified mail or registered mail,

 4  and, if the contract is void, any premium received by the

 5  insurer from a third party shall be refunded to that party in

 6  full; and

 7         (b)  When such cancellation or termination occurs

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

 9  force and the insurance is canceled or terminated for reasons

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

11  cancellation or termination accompanied by the reason therefor

12  shall be given except where there has been a material

13  misstatement or misrepresentation or failure to comply with

14  the underwriting requirements established by the insurer.

15         Section 8.  Subsection (4) of section 627.0613, Florida

16  Statutes, as amended by chapter 2007-1, Laws of Florida, is

17  amended to read:

18         627.0613  Consumer advocate.--The Chief Financial

19  Officer must appoint a consumer advocate who must represent

20  the general public of the state before the department and the

21  office. The consumer advocate must report directly to the

22  Chief Financial Officer, but is not otherwise under the

23  authority of the department or of any employee of the

24  department. The consumer advocate has such powers as are

25  necessary to carry out the duties of the office of consumer

26  advocate, including, but not limited to, the powers to:

27         (4)  Prepare an annual report card for each authorized

28  personal residential property insurer, on a form and using a

29  letter-grade scale developed by the commission by rule, which

30  grades each insurer based on the following factors:

31  


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 1         (a)  The number and nature of consumer complaints, as a

 2  market share ratio, received by the department against the

 3  insurer.

 4         (b)  The disposition of all complaints received by the

 5  department.

 6         (c)  The average length of time for payment of claims

 7  by the insurer.

 8         (d)  Any other factors the commission identifies as

 9  assisting policyholders in making informed choices about

10  homeowner's insurance.

11         Section 9.  Paragraph (a) of subsection (2) of section

12  627.062, Florida Statutes, as amended by chapter 2007-1, Laws

13  of Florida, is amended, and subsection (11) is added to that

14  section, to read:

15         627.062  Rate standards.--

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

17         (a)  Insurers or rating organizations shall establish

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

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

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

21  schedules, rating manuals, premium credits or discount

22  schedules, and surcharge schedules, and changes thereto, shall

23  be filed with the office under one of the following procedures

24  except as provided in subparagraph 3.:

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

26  proposed effective date and the filing is not implemented

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

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

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

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

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


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

 2  intent to disapprove constitute agency action for purposes of

 3  the Administrative Procedure Act. Requests for supporting

 4  information, requests for mathematical or mechanical

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

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

 7  during any such proceedings and subsequent judicial review.

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

 9  a notice of intent to approve or a notice of intent to

10  disapprove within 90 days after receipt of the filing.

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

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

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

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

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

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

17  policyholders portions of rates found to be excessive, as

18  provided in paragraph (h).

19         3.  For all filings made or submitted after January 25,

20  2007, but on or before December 31, 2008, an insurer seeking a

21  rate that is greater than the rate most recently approved by

22  the office shall make a "file and use" filing. This

23  subparagraph applies to property insurance only. For purposes

24  of this subparagraph, motor vehicle collision and

25  comprehensive coverages are not considered to be property

26  coverages.

27  

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

29  compensation and employer's liability insurance and to motor

30  vehicle insurance.

31  


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

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

 3  to justify a rate or rate change.

 4         Section 10.  Section 627.0655, Florida Statutes, as

 5  created by chapter 2007-1, Laws of Florida, is amended to

 6  read:

 7         627.0655  Policyholder loss or expense-related premium

 8  discounts.--An insurer or person authorized to engage in the

 9  business of insurance in this state may include, in the

10  premium charged an insured for any policy, contract, or

11  certificate of insurance, a discount based on the fact that

12  another policy, contract, or certificate of any type has been

13  purchased by the insured from the same insurer or insurer

14  group.

15         Section 11.  Paragraphs (a), (b), (c), (d), (j), (m),

16  and (r) of subsection (6) of section 627.351, Florida

17  Statutes, as amended by chapter 2007-1, Laws of Florida, are

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

19  read:

20         627.351  Insurance risk apportionment plans.--

21         (6)  CITIZENS PROPERTY INSURANCE CORPORATION.--

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

23  ensure the existence of an orderly market for property

24  insurance for Floridians and Florida businesses. The

25  Legislature finds that private insurers are unwilling or

26  unable to provide affordable property insurance coverage in

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

28  affordable property insurance threatens the public health,

29  safety, and welfare and likewise threatens the economic health

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

31  interest and a public purpose to assist in assuring that


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

 2  affordable rates so as to facilitate the remediation,

 3  reconstruction, and replacement of damaged or destroyed

 4  property in order to reduce or avoid the negative effects

 5  otherwise resulting to the public health, safety, and welfare,

 6  to the economy of the state, and to the revenues of the state

 7  and local governments which are needed to provide for the

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

 9  affordable property insurance to applicants who are in good

10  faith entitled to procure insurance through the voluntary

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

12  this subsection that affordable property insurance be provided

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

14  through Citizens Property Insurance Corporation, a government

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

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

17  Insurance Corporation shall strive to increase the

18  availability of affordable property insurance in this state,

19  while achieving efficiencies and economies, and while

20  providing service to policyholders, applicants, and agents

21  which is no less than the quality generally provided in the

22  voluntary market, for the achievement of the foregoing public

23  purposes. Because it is essential for this government entity

24  to have the maximum financial resources to pay claims

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

26  Legislature that Citizens Property Insurance Corporation

27  continue to be an integral part of the state and that the

28  income of the corporation be exempt from federal income

29  taxation and that interest on the debt obligations issued by

30  the corporation be exempt from federal income taxation. The

31  Legislature finds that actual and threatened catastrophic


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 1  losses to property in this state from hurricanes have caused

 2  insurers to be unwilling or unable to provide property

 3  insurance coverage to the extent sought and needed. It is in

 4  the public interest and a public purpose to assist in assuring

 5  that property in the state is insured so as to facilitate the

 6  remediation, reconstruction, and replacement of damaged or

 7  destroyed property in order to reduce or avoid the negative

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

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

10  the state and local governments needed to provide for the

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

12  property insurance to applicants who are in good faith

13  entitled to procure insurance through the voluntary market but

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

15  subsection that property insurance be provided and that it

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

17  to achieve efficiencies and economies, while providing service

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

19  the quality generally provided in the voluntary market, all

20  toward the achievement of the foregoing public purposes.

21  Because it is essential for the corporation to have the

22  maximum financial resources to pay claims following a

23  catastrophic hurricane, it is the intent of the Legislature

24  that the income of the corporation be exempt from federal

25  income taxation and that interest on the debt obligations

26  issued by the corporation be exempt from federal income

27  taxation.

28         2.  The Residential Property and Casualty Joint

29  Underwriting Association originally created by this statute

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

31  Insurance Corporation. The corporation shall provide insurance


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 1  for residential and commercial property, for applicants who

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

 3  insurance through the voluntary market. The corporation shall

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

 5  the Financial Services Commission. The plan is subject to

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

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

 8  commission determines that conditions have changed since

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

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

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

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

13  of this subsection, residential coverage includes both

14  personal lines residential coverage, which consists of the

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

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

17  policies, and commercial lines residential coverage, which

18  consists of the type of coverage provided by condominium

19  association, apartment building, and similar policies.

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

21  "homestead property" means:

22         a.  Property that has been granted a homestead

23  exemption under chapter 196;

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

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

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

27  or less;

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

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

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

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


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

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

 3  residence;

 4         d.  Tenant's coverage;

 5         e.  Commercial lines residential property; or

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

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

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

 9  or a continuing care retirement community that is certified

10  under chapter 651 and that receives an exemption from ad

11  valorem taxes under chapter 196.

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

13  "nonhomestead property" means property that is not homestead

14  property.

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

16  lines residential structure that has a dwelling replacement

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

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

19  million or more is not eligible for coverage by the

20  corporation. Such dwellings insured by the corporation on

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

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

23  such dwellings that are insured by the corporation and become

24  ineligible for coverage due to the provisions of this

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

26  account and be considered "nonhomestead property" if the

27  property owner provides the corporation with a sworn affidavit

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

29  corporation, stating that the agents have made their best

30  efforts to obtain coverage and that the property has been

31  rejected for coverage by at least one authorized insurer and


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

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

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

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

 5  corporation for valuing the dwelling replacement cost for the

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

 7  the corporation prior to being determined to be ineligible

 8  pursuant to this subparagraph and such policyholder files a

 9  lawsuit challenging the determination, the policyholder may

10  remain insured by the corporation until the conclusion of the

11  litigation.

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

13  2009, the corporation may not insure any property located

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

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

16  the requirements of the code-plus building standards developed

17  by the Florida Building Commission.

18         7.  It is the intent of the Legislature that

19  policyholders, applicants, and agents of the corporation

20  receive service and treatment of the highest possible level

21  but never less than that generally provided in the voluntary

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

23  service standards no less than those applied to insurers in

24  the voluntary market by the office with respect to

25  responsiveness, timeliness, customer courtesy, and overall

26  dealings with policyholders, applicants, or agents of the

27  corporation.

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

29  subject lines of business in this state are subject to

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

31  subsection, are referred to collectively as "assessable


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

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

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

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

 5  VIII of chapter 626 are subject to assessment by the

 6  corporation and are referred to collectively as "assessable

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

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

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

10  transact insurance for subject lines of business in this state

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

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

13  authority to transact insurance for subject lines of business

14  in this state.

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

16  expenses of the corporation shall be divided into three

17  separate accounts as follows:

18         (I)  A personal lines account for personal residential

19  policies issued by the corporation or issued by the

20  Residential Property and Casualty Joint Underwriting

21  Association and renewed by the corporation that provide

22  comprehensive, multiperil coverage on risks that are not

23  located in areas eligible for coverage in the Florida

24  Windstorm Underwriting Association as those areas were defined

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

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

27  such areas;

28         (II)  A commercial lines account for commercial

29  residential and commercial nonresidential policies issued by

30  the corporation or issued by the Residential Property and

31  Casualty Joint Underwriting Association and renewed by the


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 1  corporation that provide coverage for basic property perils on

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

 3  the Florida Windstorm Underwriting Association as those areas

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

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

 6  located in such areas; and

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

 8  policies and commercial residential and commercial

 9  nonresidential property policies issued by the corporation or

10  transferred to the corporation that provide coverage for the

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

12  coverage in the Florida Windstorm Underwriting Association as

13  those areas were defined on January 1, 2002. Subject to the

14  approval of a business plan by the Financial Services

15  Commission and Legislative Budget Commission as provided in

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

17  the 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 and of the accounts specified

 5  in sub-sub-subparagraphs a.(I) and (II) may shall have a claim

 6  against, and recourse to, the accounts referred to in

 7  sub-sub-subparagraphs a.(I) and (II) and shall have no claim

 8  against, or recourse to, the account referred to in

 9  sub-sub-subparagraph a.(III). Creditors of the Florida

10  Windstorm Underwriting Association shall have a claim against,

11  and recourse to, the account referred to in

12  sub-sub-subparagraph a.(III) and shall have no claim against,

13  or recourse to, the accounts referred to in

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

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

16  not attributable to particular accounts shall be prorated

17  among the accounts.

18         e.  The Legislature finds that the revenues of the

19  corporation are revenues that are necessary to meet the

20  requirements set forth in documents authorizing the issuance

21  of bonds under this subsection.

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

23  to the benefit of any private person.

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

25         a.  When the deficit incurred in a particular calendar

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

27  direct written premium for the subject lines of business for

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

29  through regular assessments of assessable insurers under

30  paragraph (p) and assessable insureds.

31  


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 1         b.  When the deficit incurred in a particular calendar

 2  year exceeds 10 percent of the aggregate statewide direct

 3  written premium for the subject lines of business for the

 4  prior calendar year, the corporation shall levy regular

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

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

 7  percent of the deficit or 10 percent of the aggregate

 8  statewide direct written premium for the subject lines of

 9  business for the prior calendar year. Any remaining deficit

10  shall be recovered through emergency assessments under

11  sub-subparagraph d.

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

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

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

15  direct written premium for the subject lines of business for

16  the year preceding the assessment bears to the aggregate

17  statewide direct written premium for the subject lines of

18  business for that year. The assessment percentage applicable

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

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

21  the aggregate statewide direct written premium for the subject

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

23  the corporation on assessable insurers under sub-subparagraphs

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

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

26  provision of this subsection, the aggregate amount of a

27  regular assessment for a deficit incurred in a particular

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

29  received by the corporation from the Citizens policyholder

30  surcharge under subparagraph (c)10.11. and the amount

31  collected or estimated to be collected from the assessment on


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 1  Citizens policyholders pursuant to sub-subparagraph i.

 2  Assessments levied by the corporation on assessable insureds

 3  under sub-subparagraphs a. and b. shall be collected by the

 4  surplus lines agent at the time the surplus lines agent

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

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

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

 8  the Florida Surplus Lines Service Office. Upon receipt of

 9  regular assessments from surplus lines agents, the Florida

10  Surplus Lines Service Office shall transfer the assessments

11  directly to the corporation as determined by the corporation.

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

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

14  recovered through regular assessments under sub-subparagraph

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

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

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

18  assessable insurers and the corporation and collected from

19  assessable insureds upon issuance or renewal of policies for

20  subject lines of business, excluding National Flood Insurance

21  policies. The amount of the emergency assessment collected in

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

23  direct written premium for subject lines of business and all

24  accounts of the corporation, excluding National Flood

25  Insurance Program policy premiums, as annually determined by

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

27  the arithmetic calculations involved in the board's

28  determination within 30 days after receipt of the information

29  on which the determination was based. Notwithstanding any

30  other provision of law, the corporation and each assessable

31  insurer that writes subject lines of business shall collect


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    ENROLLED

    2007 Legislature                 CS for SB 2498, 3rd Engrossed



 1  emergency assessments from its policyholders without such

 2  obligation being affected by any credit, limitation,

 3  exemption, or deferment. Emergency assessments levied by the

 4  corporation on assessable insureds shall be collected by the

 5  surplus lines agent at the time the surplus lines agent

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

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

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

 9  the Florida Surplus Lines Service Office. The emergency

10  assessments so collected shall be transferred directly to the

11  corporation on a periodic basis as determined by the

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

13  applicable account. The aggregate amount of emergency

14  assessments levied for an account under this sub-subparagraph

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

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

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

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

19  percent of the aggregate statewide direct written premium for

20  subject lines of business and for all accounts of the

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

22  commissions, required reserves, and other costs associated

23  with financing the original deficit.

24         e.  The corporation may pledge the proceeds of

25  assessments, projected recoveries from the Florida Hurricane

26  Catastrophe Fund, other insurance and reinsurance

27  recoverables, policyholder surcharges and other surcharges,

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

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

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

31  or lines of credit or other financing mechanisms issued or


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

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

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

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

 5  credit or other financing mechanisms is to provide additional

 6  resources to assist the corporation in covering claims and

 7  expenses attributable to a catastrophe. As used in this

 8  subsection, the term "assessments" includes regular

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

10  subparagraph (p)1. and emergency assessments under

11  sub-subparagraph d. Emergency assessments collected under

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

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

14  commissions; however, failure to pay the emergency assessment

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

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

17  as any bonds issued or other indebtedness incurred with

18  respect to a deficit for which the assessment was imposed

19  remain outstanding, unless adequate provision has been made

20  for the payment of such bonds or other indebtedness pursuant

21  to the documents governing such bonds or other indebtedness.

22         f.  As used in this subsection for purposes of any

23  deficit incurred on or after January 25, 2007, the term

24  "subject lines of business" means insurance written by

25  assessable insurers or procured by assessable insureds for all

26  property and casualty lines of business in this state, but not

27  including workers' compensation or medical malpractice. As

28  used in the sub-subparagraph, the term "property and casualty

29  lines of business" includes all lines of business identified

30  on Form 2, Exhibit of Premiums and Losses, in the annual

31  statement required of authorized insurers by s. 624.424 and


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    ENROLLED

    2007 Legislature                 CS for SB 2498, 3rd Engrossed



 1  any rule adopted under this section, except for those lines

 2  identified as accident and health insurance and except for

 3  policies written under the National Flood Insurance Program or

 4  the Federal Crop Insurance Program. For purposes of this

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

 6  both workers' compensation insurance and excess workers'

 7  compensation insurance.

 8         g.  The Florida Surplus Lines Service Office shall

 9  determine annually the aggregate statewide written premium in

10  subject lines of business procured by assessable insureds and

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

12  at a time the corporation specifies to ensure that the

13  corporation can meet the requirements of this subsection and

14  the corporation's financing obligations.

15         h.  The Florida Surplus Lines Service Office shall

16  verify the proper application by surplus lines agents of

17  assessment percentages for regular assessments and emergency

18  assessments levied under this subparagraph on assessable

19  insureds and shall assist the corporation in ensuring the

20  accurate, timely collection and payment of assessments by

21  surplus lines agents as required by the corporation.

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

23  thereafter, the board of governors shall levy an immediate

24  assessment against the premium of each nonhomestead property

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

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

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

28  If this assessment is insufficient to eliminate the deficit,

29  the board of governors shall levy an additional assessment

30  against all policyholders of the corporation, which shall be

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


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

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

 3  offset the deficit.

 4         j.  The board of governors shall maintain separate

 5  accounting records that consolidate data for nonhomestead

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

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

 8  governors shall annually report to the office and the

 9  Legislature a summary of such data.

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

11         1.  Must provide for adoption of residential property

12  and casualty insurance policy forms and commercial residential

13  and nonresidential property insurance forms, which forms must

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

15  adopt the following policy forms:

16         a.  Standard personal lines policy forms that are

17  comprehensive multiperil policies providing full coverage of a

18  residential property equivalent to the coverage provided in

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

20  policy.

21         b.  Basic personal lines policy forms that are policies

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

23  provide coverage meeting the requirements of the secondary

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

25  coverage under a standard policy.

26         c.  Commercial lines residential and nonresidential

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

28  full coverage obtainable for commercial residential structures

29  and commercial nonresidential structures in the admitted

30  voluntary market.

31  


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 1         d.  Personal lines and commercial lines residential

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

 3  The forms are applicable only to residential properties

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

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

 6         e.  Commercial lines nonresidential property insurance

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

 8  applicable only to nonresidential properties located in areas

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

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

11         f.  The corporation may adopt variations of the policy

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

13  restrictive coverage.

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

15  in which the corporation and authorized insurers enter into

16  quota share primary insurance agreements for hurricane

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

18  and adopt property insurance forms for eligible risks which

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

20  term:

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

22  arrangement in which the primary hurricane coverage of an

23  eligible risk is provided in specified percentages by the

24  corporation and an authorized insurer. The corporation and

25  authorized insurer are each solely responsible for a specified

26  percentage of hurricane coverage of an eligible risk as set

27  forth in a quota share primary insurance agreement between the

28  corporation and an authorized insurer and the insurance

29  contract. The responsibility of the corporation or authorized

30  insurer to pay its specified percentage of hurricane losses of

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


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

 2  the other party to the agreement to pay its specified

 3  percentage of hurricane losses. Eligible risks that are

 4  provided hurricane coverage through a quota share primary

 5  insurance arrangement must be provided policy forms that set

 6  forth the obligations of the corporation and authorized

 7  insurer under the arrangement, clearly specify the percentages

 8  of quota share primary insurance provided by the corporation

 9  and authorized insurer, and conspicuously and clearly state

10  that neither the authorized insurer nor the corporation may be

11  held responsible beyond its specified percentage of coverage

12  of hurricane losses.

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

14  and commercial lines residential risks that meet the

15  underwriting criteria of the corporation and are located in

16  areas that were eligible for coverage by the Florida Windstorm

17  Underwriting Association on January 1, 2002.

18         b.  The corporation may enter into quota share primary

19  insurance agreements with authorized insurers at corporation

20  coverage levels of 90 percent and 50 percent.

21         c.  If the corporation determines that additional

22  coverage levels are necessary to maximize participation in

23  quota share primary insurance agreements by authorized

24  insurers, the corporation may establish additional coverage

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

26  insurance coverage level may not exceed 90 percent.

27         d.  Any quota share primary insurance agreement entered

28  into between an authorized insurer and the corporation must

29  provide for a uniform specified percentage of coverage of

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

31  corporation board, for all eligible risks of the authorized


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    ENROLLED

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 1  insurer covered under the quota share primary insurance

 2  agreement.

 3         e.  Any quota share primary insurance agreement entered

 4  into between an authorized insurer and the corporation is

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

 6  agreement shall be authorized only as to insurance contracts

 7  entered into between an authorized insurer and an insured who

 8  is already insured by the corporation for wind coverage.

 9         f.  For all eligible risks covered under quota share

10  primary insurance agreements, the exposure and coverage levels

11  for both the corporation and authorized insurers shall be

12  reported by the corporation to the Florida Hurricane

13  Catastrophe Fund. For all policies of eligible risks covered

14  under quota share primary insurance agreements, the

15  corporation and the authorized insurer shall maintain complete

16  and accurate records for the purpose of exposure and loss

17  reimbursement audits as required by Florida Hurricane

18  Catastrophe Fund rules. The corporation and the authorized

19  insurer shall each maintain duplicate copies of policy

20  declaration pages and supporting claims documents.

21         g.  The corporation board shall establish in its plan

22  of operation standards for quota share agreements which ensure

23  that there is no discriminatory application among insurers as

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

25  agreements, incentive provisions if any, and consideration

26  paid for servicing policies or adjusting claims.

27         h.  The quota share primary insurance agreement between

28  the corporation and an authorized insurer must set forth the

29  specific terms under which coverage is provided, including,

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

31  under the agreement by the insurance agent of the authorized


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    ENROLLED

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 1  insurer producing the business, the reporting of information

 2  concerning eligible risks, the payment of premium to the

 3  corporation, and arrangements for the adjustment and payment

 4  of hurricane claims incurred on eligible risks by the claims

 5  adjuster and personnel of the authorized insurer. Entering

 6  into a quota sharing insurance agreement between the

 7  corporation and an authorized insurer shall be voluntary and

 8  at the discretion of the authorized insurer.

 9         3.  May provide that the corporation may employ or

10  otherwise contract with individuals or other entities to

11  provide administrative or professional services that may be

12  appropriate to effectuate the plan. The corporation shall have

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

14  other indebtedness, and shall have other powers reasonably

15  necessary to effectuate the requirements of this subsection,

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

17  incur other indebtedness in order to refinance outstanding

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

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

20  indebtedness under chapter 75. The corporation may issue bonds

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

22  behalf by a unit of local government pursuant to subparagraph

23  (p)2. (g)2., in the absence of a hurricane or other

24  weather-related event, upon a determination by the

25  corporation, subject to approval by the office, that such

26  action would enable it to efficiently meet the financial

27  obligations of the corporation and that such financings are

28  reasonably necessary to effectuate the requirements of this

29  subsection. The corporation is authorized to take all actions

30  needed to facilitate tax-free status for any such bonds or

31  indebtedness, including formation of trusts or other


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    ENROLLED

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 1  affiliated entities. The corporation shall have the authority

 2  to pledge assessments, projected recoveries from the Florida

 3  Hurricane Catastrophe Fund, other reinsurance recoverables,

 4  market equalization and other surcharges, and other funds

 5  available to the corporation as security for bonds or other

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

 7  Constitution, prohibiting the impairment of obligations of

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

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

10  financing agreement or any revenue source committed by

11  contract to such bond or other indebtedness.

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

13  to the supervision and approval of a board of governors

14  consisting of eight individuals who are residents of this

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

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

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

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

19  members appointed by each appointing officer must have

20  demonstrated expertise in insurance. The Chief Financial

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

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

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

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

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

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

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

28  appointing officer. The Chief Financial Officer shall appoint

29  a technical advisory group to provide information and advice

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

31  duties under this subsection. The executive director and


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 1  senior managers of the corporation shall be engaged by the

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

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

 4  confirmation by the Senate. The executive director is

 5  responsible for employing other staff as the corporation may

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

 7         b.  The board shall create a Market Accountability

 8  Advisory Committee to assist the corporation in developing

 9  awareness of its rates and its customer and agent service

10  levels in relationship to the voluntary market insurers

11  writing similar coverage. The members of the advisory

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

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

14  four representatives, one appointed by the Florida Association

15  of Insurance Agents, one by the Florida Association of

16  Insurance and Financial Advisors, one by the Professional

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

18  Association of Insurance Agencies; three representatives

19  appointed by the insurers with the three highest voluntary

20  market share of residential property insurance business in the

21  state; one representative from the Office of Insurance

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

23  by the corporation at the time of appointment to the

24  committee; one representative appointed by the Florida

25  Association of Realtors; and one representative appointed by

26  the Florida Bankers Association. All members must serve for

27  3-year terms and may serve for consecutive terms. The

28  committee shall report to the corporation at each board

29  meeting on insurance market issues which may include rates and

30  rate competition with the voluntary market; service, including

31  policy issuance, claims processing, and general responsiveness


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

 2  to depopulation.

 3         5.  Must provide a procedure for determining the

 4  eligibility of a risk for coverage, as follows:

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

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

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

 8  approved rate under either a standard policy including wind

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

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

11  coverage, for a new application to the corporation for

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

13  the corporation unless the premium for coverage from the

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

15  premium for comparable coverage from the corporation. If the

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

17  eligible for either a standard policy including wind coverage

18  or a basic policy including wind coverage issued by the

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

20  standard policy including wind coverage regardless of market

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

22  including wind coverage unless rejected under subparagraph 9.

23  8. However, with regard to a policyholder of the corporation

24  or a policyholder removed from the corporation through an

25  assumption agreement until the end of the assumption period,

26  the policyholder remains eligible for coverage from the

27  corporation regardless of any offer of coverage from an

28  authorized insurer or surplus lines insurer. The corporation

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

30  of objective standards specified in the underwriting manual

31  and based on generally accepted underwriting practices.


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 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 to the

 7  corporation is not currently appointed by the insurer, the

 8  insurer shall:

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

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

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

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

13  commission of the corporation; or

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

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

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

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

18  commission for the type of policy written.

19  

20  If the producing agent is unwilling or unable to accept

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

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

23         (II)  When the corporation enters into a contractual

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

25  of the corporation policy is entitled to retain any unearned

26  commission on the policy, and the insurer shall:

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

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

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

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

31  customary commission of the corporation; or


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 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         b.  With respect to commercial lines residential risks,

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

12  risk is offered coverage under a policy including wind

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

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

15  unless the premium for coverage from the authorized insurer is

16  more than 15 25 percent greater than the premium for

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

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

19  policy including wind coverage issued by the corporation.

20  However, with regard to a policyholder of the corporation or a

21  policyholder removed from the corporation through an

22  assumption agreement until the end of the assumption period,

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

 9  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-sub-subparagraph (A).

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

27  the corporation policy to continue servicing the policy for a

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

29  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-sub-subparagraph (A).

 4         c.  For purposes of determining comparable coverage

 5  under sub-subparagraphs a. and b., the comparison shall be

 6  based on those forms and coverages that are reasonably

 7  comparable. The corporation may rely on a determination of

 8  comparable coverage and premium made by the producing agent

 9  who submits the application to the corporation, made in the

10  agent's capacity as the corporation's agent. A comparison may

11  be made solely of the premium with respect to the main

12  building or structure only on the following basis: the same

13  coverage A or other building limits; the same percentage

14  hurricane deductible that applies on an annual basis or that

15  applies to each hurricane for commercial residential property;

16  the same percentage of ordinance and law coverage, if the same

17  limit is offered by both the corporation and the authorized

18  insurer; the same mitigation credits, to the extent the same

19  types of credits are offered both by the corporation and the

20  authorized insurer; the same method for loss payment, such as

21  replacement cost or actual cash value, if the same method is

22  offered both by the corporation and the authorized insurer in

23  accordance with underwriting rules; and any other form or

24  coverage that is reasonably comparable as determined by the

25  board. If an application is submitted to the corporation for

26  wind-only coverage in the high-risk account, the premium for

27  the corporation's wind-only policy plus the premium for the

28  ex-wind policy that is offered by an authorized insurer to the

29  applicant shall be compared to the premium for multiperil

30  coverage offered by an authorized insurer, subject to the

31  standards for comparison specified in this subparagraph. If


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 1  the corporation or the applicant requests from the authorized

 2  insurer a breakdown of the premium of the offer by types of

 3  coverage so that a comparison may be made by the corporation

 4  or its agent and the authorized insurer refuses or is unable

 5  to provide such information, the corporation may treat the

 6  offer as not being an offer of coverage from an authorized

 7  insurer at the insurer's approved rate.

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

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

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

11  corporation shall make such application available for review

12  by general lines agents and authorized property and casualty

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

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

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

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

17  board determines are necessary to prevent lapses in coverage.

18         6.7.  Must include rules for classifications of risks

19  and rates therefor.

20         7.8.  Must provide that if premium and investment

21  income for an account attributable to a particular calendar

22  year are in excess of projected losses and expenses for the

23  account attributable to that year, such excess shall be held

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

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

26  be used for that purpose prior to assessing assessable

27  insurers and assessable insureds as to any calendar year.

28         8.9.  Must provide objective criteria and procedures to

29  be uniformly applied for all applicants in determining whether

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

31  


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 1  making this determination and in establishing the criteria and

 2  procedures, the following shall be considered:

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

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

 5  class; and

 6         b.  Whether the uncertainty associated with the

 7  individual risk is such that an appropriate premium cannot be

 8  determined.

 9  

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

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

12  provisions of chapter 120 shall not apply.

13         9.10.  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         10.11.  Must provide that in the event of regular

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

19  sub-subparagraph (b)3.b., in the personal lines account, the

20  commercial lines residential account, or the high-risk

21  account, the corporation shall levy upon corporation

22  policyholders in its next rate filing, or by a separate rate

23  filing solely for this purpose, a Citizens policyholder

24  surcharge arising from a regular assessment in such account in

25  a percentage equal to the total amount of such regular

26  assessments divided by the aggregate statewide direct written

27  premium for subject lines of business for the prior calendar

28  year. For purposes of calculating the Citizens policyholder

29  surcharge to be levied under this subparagraph, the total

30  amount of the regular assessment to which this surcharge is

31  related shall be determined as set forth in subparagraph


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 1  (b)3., without deducting the estimated Citizens policyholder

 2  surcharge. Citizens policyholder surcharges under this

 3  subparagraph are not considered premium and are not subject to

 4  commissions, fees, or premium taxes; however, failure to pay a

 5  market equalization surcharge shall be treated as failure to

 6  pay premium.

 7         11.12.  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         12.13.  Corporation policies and applications must

14  include 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         13.14.  May establish, subject to approval by the

22  office, different eligibility requirements and operational

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

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

25  the 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


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 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         14.15.  Must provide that, with respect to the

 7  high-risk 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  (p)4. (g)4. However, there shall be no limitation or deferment

27  of an emergency assessment to be collected from policyholders

28  under sub-subparagraph (b)3.d.

29         15.16.  Must provide that the corporation appoint as

30  its licensed agents only those agents who also hold an

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


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

 2  is 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         16.17.  Must provide, by July 1, 2007, a premium

 7  payment plan option to its policyholders which allows at a

 8  minimum for quarterly and semiannual payment of premiums. A

 9  monthly payment plan may, but is not required to, be offered.

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

11  corporation contract with each insurer providing the non-wind

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

13  account, requiring that the insurer provide claims adjusting

14  services for the wind coverage provided by the corporation for

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

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

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

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

19  capable of providing adjusting services at an acceptable level

20  of quality to corporation policyholders. The terms and

21  conditions of such contracts must be substantially the same as

22  the contracts that the corporation executed with insurers

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

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

25  that the board determines are necessary to ensure that claims

26  are adjusted appropriately. The corporation shall provide a

27  process for neutral arbitration of any dispute between the

28  corporation and the insurer regarding the terms of the

29  contract. The corporation shall review and monitor the

30  performance of insurers under these contracts.

31  


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 1         17.19.  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         18.20.  May provide such limits of coverage as the

 5  board determines, consistent with the requirements of this

 6  subsection.

 7         19.21.  May require commercial property to meet

 8  specified hurricane mitigation construction features as a

 9  condition of eligibility for coverage.

10         (d)1.  All prospective employees for senior management

11  positions, as defined by the plan of operation, are subject to

12  background checks as a prerequisite for employment. The office

13  shall conduct background checks on such prospective employees

14  pursuant to ss. 624.34, 624.404(3), and 628.261.

15         2.  On or before July 1 of each year, employees of the

16  corporation are required to sign and submit a statement

17  attesting that they do not have a conflict of interest, as

18  defined in part III of chapter 112. As a condition of

19  employment, all prospective employees are required to sign and

20  submit to the corporation a conflict-of-interest statement.

21         3.  Senior managers and members of the board of

22  governors are subject to the provisions of part III of chapter

23  112, including, but not limited to, the code of ethics and

24  public disclosure and reporting of financial interests,

25  pursuant to s. 112.3145. Senior managers and board members are

26  also required to file such disclosures with the Commission on

27  Ethics and the Office of Insurance Regulation. The executive

28  director of the corporation or his or her designee shall

29  notify each newly appointed and existing appointed member of

30  the board of governors and senior managers of their duty to

31  comply with the reporting requirements of part III of chapter


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 1  112. At least quarterly, the executive director or his or her

 2  designee shall submit to the Commission on Ethics a list of

 3  names of the senior managers and members of the board of

 4  governors who are subject to the public disclosure

 5  requirements under s. 112.3145.

 6         4.  Notwithstanding s. 112.3148 or s. 112.3149, or any

 7  other provision of law, an employee or board member may not

 8  knowingly accept, directly or indirectly, any gift or

 9  expenditure from a person or entity, or an employee or

10  representative of such person or entity, that has a

11  contractual relationship with the corporation or who is under

12  consideration for a contract. An employee or board member who

13  fails to comply with subparagraph 3. or this subparagraph is

14  subject to penalties provided under ss. 112.317 and 112.3173.

15         5.  Any senior manager of the corporation who is

16  employed on or after January 1, 2007, regardless of the date

17  of hire, who subsequently retires or terminates employment is

18  prohibited from representing another person or entity before

19  the corporation for 2 years after retirement or termination of

20  employment from the corporation.

21         6.  Any senior manager employee of the corporation who

22  is employed on or after January 1, 2007, regardless of the

23  date of hire, who subsequently retires or terminates

24  employment is prohibited from having any employment or

25  contractual relationship for 2 years with an insurer that has

26  entered into received a take-out bonus agreement with from the

27  corporation.

28         (j)1.  The corporation shall establish and maintain a

29  unit or division to investigate possible fraudulent claims by

30  insureds or by persons making claims for services or repairs

31  against policies held by insureds; or it may contract with


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 1  others to investigate possible fraudulent claims for services

 2  or repairs against policies held by the corporation pursuant

 3  to s. 626.9891. The corporation must comply with reporting

 4  requirements of s. 626.9891. An employee of the corporation

 5  shall notify the corporation's Office of the Internal Auditor

 6  and the Division of Insurance Fraud within 48 hours after

 7  having information that would lead a reasonable person to

 8  suspect that fraud may have been committed by any employee of

 9  the corporation.

10         2.  The corporation shall establish a unit or division

11  responsible for receiving and responding to consumer

12  complaints, which unit or division is the sole responsibility

13  of a senior manager of the corporation.

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

15  shall be actuarially sound and subject to the requirements of

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

17  The corporation shall file its recommended rates with the

18  office at least annually. The corporation shall provide any

19  additional information regarding the rates which the office

20  requires. The office shall consider the recommendations of the

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

22  corporation within 45 days after the recommended rates are

23  filed. The corporation may not pursue an administrative

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

25         2.  In addition to the rates otherwise determined

26  pursuant to this paragraph, the corporation shall impose and

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

28  624.509 to augment the financial resources of the corporation.

29         3.  After the public hurricane loss-projection model

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

31  by the Florida Commission on Hurricane Loss Projection


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 1  Methodology, that model shall serve as the minimum benchmark

 2  for determining the windstorm portion of the corporation's

 3  rates. This subparagraph does not require or allow the

 4  corporation to adopt rates lower than the rates otherwise

 5  required or allowed by this paragraph.

 6         4.  The rate filings for the corporation which were

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

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

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

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

11  provide refunds to policyholders who have paid higher rates as

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

13  31, 2006, shall remain in effect for the 2007 and 2008

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

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

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

17  filing recommended by the corporation and established by the

18  office, subject to the requirements of this paragraph.

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

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

21  assessable insurer or its agents or employees, the corporation

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

23  or their respective designees at a board meeting, corporation

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

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

26  responsibilities under this subsection. Such immunity does not

27  apply to:

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

29  willful tort;

30  

31  


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

 2  breach of any contract or agreement pertaining to insurance

 3  coverage;

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

 5  payment of debt; or

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

 7  to enforce an assessable insurer's obligations to the

 8  corporation under this subsection; or.

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

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

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

12  liable to the policyholders and beneficiaries for attorney's

13  fees under s. 627.428.

14         2.  The corporation shall manage its claim employees,

15  independent adjusters, and others who handle claims to ensure

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

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

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

19  manage its assets responsibly to minimize its assessment

20  potential.

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

22  optional sinkhole coverage in one or more counties or other

23  territories of the corporation for the purpose of implementing

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

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

26  required to issue a notice of nonrenewal to exclude sinkhole

27  coverage upon the renewal of existing policies, but may

28  exclude such coverage using a notice of coverage change.

29         Section 12.  Subsection (4) of section 627.3511,

30  Florida Statutes, is amended to read:

31  


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 1         627.3511  Depopulation of Citizens Property Insurance

 2  Corporation.--

 3         (4)  AGENT BONUS.--When the corporation enters into a

 4  contractual agreement for a take-out plan that provides a

 5  bonus to the insurer, the producing agent of record of the

 6  corporation policy is entitled to retain any unearned

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

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

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

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

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

12  customary commission of the corporation; or

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

14  the corporation policy to continue servicing the policy for a

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

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

17  customary 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 paragraph (a). The requirement of this subsection that

22  the producing agent of record is entitled to retain the

23  unearned commission on an association policy does not apply to

24  a policy for which coverage has been provided in the

25  association for 30 days or less or for which a cancellation

26  notice has been issued pursuant to s. 627.351(6)(c)10.11.

27  during the first 30 days of coverage.

28         Section 13.  Paragraph (a) of subsection (3) of section

29  627.3515, Florida Statutes, as amended by chapter 2007-1, Laws

30  of Florida, is amended to read:

31  


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 1         627.3515  Market assistance plan; property and casualty

 2  risks.--

 3         (3)(a)  The plan and the corporation shall develop a

 4  business plan and present it to the Financial Services

 5  Commission for approval by September 1, 2007, to provide for

 6  the implementation of an electronic database for the purpose

 7  of confirming eligibility pursuant to s. 627.351(6). The

 8  business plan may provide that authorized insurers or agents

 9  of authorized insurers may submit to the plan or the

10  corporation in electronic form, as determined by the plan or

11  the corporation, information determined necessary by the plan

12  or the corporation to deny coverage to risks ineligible for

13  coverage by the corporation. Any authorized insurer submitting

14  such information that results in a risk being denied coverage

15  by the corporation is required to offer coverage to the risk

16  at its approved rates, for the coverage and premium quoted,

17  for at least 1 year.

18         Section 14.  Section 627.3517, Florida Statutes, is

19  amended to read:

20         627.3517  Consumer choice.--

21         (1)  Except as provided in subsection (2), No provision

22  of s. 627.351, s. 627.3511, or s. 627.3515 shall be construed

23  to impair the right of any insurance risk apportionment plan

24  policyholder, upon receipt of any keepout or take-out offer,

25  to retain his or her current agent, so long as that agent is

26  duly licensed and appointed by the insurance risk

27  apportionment plan or otherwise authorized to place business

28  with the insurance risk apportionment plan. This right shall

29  not be canceled, suspended, impeded, abridged, or otherwise

30  compromised by any rule, plan of operation, or depopulation

31  plan, whether through keepout, take-out, midterm assumption,


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 1  or any other means, of any insurance risk apportionment plan

 2  or depopulation plan, including, but not limited to, those

 3  described in s. 627.351, s. 627.3511, or s. 627.3515. The

 4  commission shall adopt any rules necessary to cause any

 5  insurance risk apportionment plan or market assistance plan

 6  under such sections to demonstrate that the operations of the

 7  plan do not interfere with, promote, or allow interference

 8  with the rights created under this section. If the

 9  policyholder's current agent is unable or unwilling to be

10  appointed with the insurer making the take-out or keepout

11  offer, the policyholder shall not be disqualified from

12  participation in the appropriate insurance risk apportionment

13  plan because of an offer of coverage in the voluntary market.

14  An offer of full property insurance coverage by the insurer

15  currently insuring either the ex-wind or wind-only coverage on

16  the policy to which the offer applies shall not be considered

17  a take-out or keepout offer. Any rule, plan of operation, or

18  plan of depopulation, through keepout, take-out, midterm

19  assumption, or any other means, of any property insurance risk

20  apportionment plan under s. 627.351(2) or (6) is subject to

21  ss. 627.351(2)(b) and (6)(c) and 627.3511(4).

22         (2)  This section does not apply during the first 10

23  days after a new application for coverage has been submitted

24  to Citizens Property Insurance Corporation under s.

25  627.351(6), whether or not coverage is bound during this

26  period.

27         Section 15.  Subsection (1) of section 627.4035,

28  Florida Statutes, as amended by chapter 2007-1, Laws of

29  Florida, is amended to read:

30         627.4035  Cash payment of premiums; claims.--

31  


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 1         (1)  The premiums for insurance contracts issued in

 2  this state or covering risk located in this state shall be

 3  paid in cash consisting of coins, currency, checks, or money

 4  orders or by using a debit card, credit card, automatic

 5  electronic funds transfer, or payroll deduction plan. By July

 6  1, 2007, insurers issuing personal lines residential and

 7  commercial property policies shall provide a premium payment

 8  plan option to their policyholders which allows for a minimum

 9  of quarterly and semiannual payment of premiums. Insurers may,

10  but are not required to, offer monthly payment plans. Insurers

11  issuing such policies must submit their premium payment plan

12  option to the office for approval before use.

13         Section 16.  Paragraph (b) of subsection (2) of section

14  627.4133, Florida Statutes, is amended, and subsection (7) is

15  added to that section, to read:

16         627.4133  Notice of cancellation, nonrenewal, or

17  renewal premium.--

18         (2)  With respect to any personal lines or commercial

19  residential property insurance policy, including, but not

20  limited to, any homeowner's, mobile home owner's, farmowner's,

21  condominium association, condominium unit owner's, apartment

22  building, or other policy covering a residential structure or

23  its contents:

24         (b)  The insurer shall give the named insured written

25  notice of nonrenewal, cancellation, or termination at least

26  100 days prior to the effective date of the nonrenewal,

27  cancellation, or termination. However, the insurer shall give

28  at least 100 days' written notice, or written notice by June

29  1, whichever is earlier, for any nonrenewal, cancellation, or

30  termination that would be effective between June 1 and

31  


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 1  November 30. The notice must include the reason or reasons for

 2  the nonrenewal, cancellation, or termination, except that:

 3         1.  When cancellation is for nonpayment of premium, at

 4  least 10 days' written notice of cancellation accompanied by

 5  the reason therefor shall be given. As used in this

 6  subparagraph, the term "nonpayment of premium" means failure

 7  of the named insured to discharge when due any of her or his

 8  obligations in connection with the payment of premiums on a

 9  policy or any installment of such premium, whether the premium

10  is payable directly to the insurer or its agent or indirectly

11  under any premium finance plan or extension of credit, or

12  failure to maintain membership in an organization if such

13  membership is a condition precedent to insurance coverage.

14  "Nonpayment of premium" also means the failure of a financial

15  institution to honor an insurance applicant's check after

16  delivery to a licensed agent for payment of a premium, even if

17  the agent has previously delivered or transferred the premium

18  to the insurer. If a dishonored check represents the initial

19  premium payment, the contract and all contractual obligations

20  shall be void ab initio unless the nonpayment is cured within

21  the earlier of 5 days after actual notice by certified mail is

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

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

24  contract is void, any premium received by the insurer from a

25  third party shall be refunded to that party in full.

26         2.  When such cancellation or termination occurs during

27  the first 90 days during which the insurance is in force and

28  the insurance is canceled or terminated for reasons other than

29  nonpayment of premium, at least 20 days' written notice of

30  cancellation or termination accompanied by the reason therefor

31  shall be given except where there has been a material


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 1  misstatement or misrepresentation or failure to comply with

 2  the underwriting requirements established by the insurer.

 3         3.  The requirement for providing written notice of

 4  nonrenewal by June 1 of any nonrenewal that would be effective

 5  between June 1 and November 30 does not apply to the following

 6  situations, but the insurer remains subject to the requirement

 7  to provide such notice at least 100 days prior to the

 8  effective date of nonrenewal:

 9         a.  A policy that is nonrenewed due to a revision in

10  the coverage for sinkhole losses and catastrophic ground cover

11  collapse pursuant to s. 627.730, as amended by s. 30 of

12  chapter 2007-1, Laws of Florida.

13         b.  A policy that is nonrenewed by Citizens Property

14  Insurance Corporation, pursuant to s. 627.351(6), for a policy

15  that has been assumed by an authorized insurer offering

16  replacement or renewal coverage to the policyholder.

17  

18  After the policy has been in effect for 90 days, the policy

19  shall not be canceled by the insurer except when there has

20  been a material misstatement, a nonpayment of premium, a

21  failure to comply with underwriting requirements established

22  by the insurer within 90 days of the date of effectuation of

23  coverage, or a substantial change in the risk covered by the

24  policy or when the cancellation is for all insureds under such

25  policies for a given class of insureds. This paragraph does

26  not apply to individually rated risks having a policy term of

27  less than 90 days.

28         (7)(a)  Effective August 1, 2007, with respect to any

29  residential property insurance policy, every notice of renewal

30  premium must specify:

31  


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 1         1.  The dollar amounts recouped for assessments by the

 2  Florida Hurricane Catastrophe Fund, the Citizens Property

 3  Insurance Corporation, and the Florida Insurance Guaranty

 4  Association. The actual names of the entities must appear next

 5  to the dollar amounts.

 6         2.  The dollar amount of any premium increase that is

 7  due to an approved rate increase and the total dollar amount

 8  that is due to coverage changes.

 9         (b)  The Financial Services Commission may adopt rules

10  pursuant to ss. 120.536(1) and 120.54 to implement this

11  subsection.

12         Section 17.  Paragraphs (a) and (c) of subsection (3)

13  and paragraph (d) of subsection (4) of section 627.701,

14  Florida Statutes, as amended by chapter 2007-1, Laws of

15  Florida, are amended to read:

16         627.701  Liability of insureds; coinsurance;

17  deductibles.--

18         (3)(a)  Except as otherwise provided in this

19  subsection, prior to issuing a personal lines residential

20  property insurance policy, the insurer must offer alternative

21  deductible amounts applicable to hurricane losses equal to

22  $500, 2 percent, 5 percent, and 10 percent of the policy

23  dwelling limits, unless the specific percentage deductible is

24  less than $500. The written notice of the offer shall specify

25  the hurricane or wind deductible to be applied in the event

26  that the applicant or policyholder fails to affirmatively

27  choose a hurricane deductible. The insurer must provide such

28  policyholder with notice of the availability of the deductible

29  amounts specified in this paragraph in a form approved by the

30  office in conjunction with each renewal of the policy. The

31  failure to provide such notice constitutes a violation of this


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 1  code but does not affect the coverage provided under the

 2  policy.

 3         (c)  With respect to a policy covering a risk with

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

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

 6  hurricane or wind deductible as required by paragraph (a),

 7  offer a policy that the insurer guarantees it will not

 8  nonrenew for reasons of reducing hurricane loss for one

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

10  or wind deductible as required by paragraph (a).

11         (4)

12         (d)1.  A personal lines residential property insurance

13  policy covering a risk valued at less than $500,000 may not

14  have a hurricane deductible in excess of 10 percent of the

15  policy dwelling limits, unless the following conditions are

16  met:

17         a.  The policyholder must personally write and provide

18  to the insurer the following statement in his or her own

19  handwriting and sign his or her name, which must also be

20  signed by every other named insured on the policy, and dated:

21  "I do not want the insurance on my home to pay for the first

22  (specify dollar value) of damage from hurricanes. I will pay

23  those costs. My insurance will not."

24         b.  If the structure insured by the policy is subject

25  to a mortgage or lien, the policyholder must provide the

26  insurer with a written statement from the mortgageholder or

27  lienholder indicating that the mortgageholder or lienholder

28  approves the policyholder electing to have the specified

29  deductible.

30         2.  A deductible subject to the requirements of this

31  paragraph applies for the term of the policy and for each


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 1  renewal thereafter unless the policyholder elects otherwise.

 2  Changes to the deductible percentage may be implemented only

 3  as of the date of renewal.

 4         3.  An insurer shall keep the original copy of the

 5  signed statement required by this paragraph, electronically or

 6  otherwise, and provide a copy to the policyholder providing

 7  the signed statement. A signed statement meeting the

 8  requirements of this paragraph creates a presumption that

 9  there was an informed, knowing election of coverage.

10         4.  The commission shall adopt rules providing

11  appropriate alternative methods for providing the statements

12  required by this section for policyholders who have a

13  handicapping or disabling condition that prevents them from

14  providing a handwritten statement.

15         Section 18.  Subsection (5) of section 627.70131,

16  Florida Statutes, as amended by chapter 2007-1, Laws of

17  Florida, is amended to read:

18         627.70131  Insurer's duty to acknowledge communications

19  regarding claims; investigation.--

20         (5)(a)  Within 90 days after an insurer receives notice

21  of a property insurance claim from a policyholder, the insurer

22  shall pay or deny such claim or a portion of the claim unless

23  the failure to pay such claim or a portion of the claim is

24  caused by factors beyond the control of the insurer which

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

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

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

28  no longer factors beyond the control of the insurer which

29  reasonably prevented such payment, whichever is later, shall

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

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


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

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

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

 4  insured shall select whether to receive prejudgment interest

 5  or interest under this subsection. Interest is payable when

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

 7  with this subsection constitutes a violation of this code.

 8  However, failure to comply with this subsection shall not form

 9  the sole basis for a private cause of action.

10         (b)  Notwithstanding subsection (4), for purposes of

11  this subsection, the term "claim" means any of the following:

12         1.  A claim under an insurance policy providing

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

14         2.  A claim for structural or contents coverage under a

15  commercial property insurance policy if the insured structure

16  is 10,000 square fee or less; or

17         3.  A claim for contents coverage under a commercial

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

19  or less.

20         (c)  This subsection shall not apply to claims under an

21  insurance policy covering nonresidential commercial structures

22  or contents in more than one state.

23         Section 19.  Subsections (1), (2), (3), (4), and (5) of

24  section 627.712, Florida Statutes, as created by chapter

25  2007-1, Laws of Florida, are amended to read:

26         627.712  Residential windstorm hurricane coverage

27  required; availability of exclusions for windstorm or

28  contents.--

29         (1)  An insurer issuing a residential property

30  insurance policy must provide hurricane or windstorm coverage

31  as defined in s. 627.4025. This subsection does not apply with


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 1  respect to risks that are eligible for wind-only coverage from

 2  Citizens Property Insurance Corporation under s. 627.351(6).

 3         (2)  A property An insurer that is subject to

 4  subsection (1) must make available, at the option of the

 5  policyholder, an exclusion of hurricane coverage or windstorm

 6  coverage. The coverage may be excluded only if:

 7         (a)1.  When the policyholder is a natural person, the

 8  policyholder personally writes and provides to the insurer the

 9  following statement in his or her own handwriting and signs

10  his or her name, which must also be signed by every other

11  named insured on the policy, and dated: "I do not want the

12  insurance on my (home/mobile home/condominium unit) to pay for

13  damage from windstorms or hurricanes. I will pay those costs.

14  My insurance will not."

15         2.  When the policyholder is other than a natural

16  person, the policyholder provides to the insurer on the

17  policyholder's letterhead the following statement that must be

18  signed by the policyholder's authorized representative and

19  dated: "(Name of entity) does not want the insurance on its

20  (type of structure) to pay for damage from windstorms. (Name

21  of entity) will be responsible for these costs. (Name of

22  entity)'s insurance will not."

23         (b)  If the structure insured by the policy is subject

24  to a mortgage or lien, the policyholder must provide the

25  insurer with a written statement from the mortgageholder or

26  lienholder indicating that the mortgageholder or lienholder

27  approves the policyholder electing to exclude windstorm

28  coverage or hurricane coverage from his or her or its

29  residential property insurance policy.

30         (3)  An insurer issuing a residential property

31  insurance policy, except for a condominium unit owner's policy


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 1  or a tenant's policy, must make available, at the option of

 2  the policyholder, an exclusion of coverage for the contents.

 3  The coverage may be excluded only if the policyholder

 4  personally writes and provides to the insurer the following

 5  statement in his or her own handwriting and signs his or her

 6  signature, which must also be signed by every other named

 7  insured on the policy, and dated: "I do not want the insurance

 8  on my (home/mobile home) to pay for the costs to repair or

 9  replace any contents that are damaged. I will pay those costs.

10  My insurance will not."

11         (4)  An insurer shall keep the original copy of a

12  signed statement required by this section, electronically or

13  otherwise, and provide a copy to the policyholder providing

14  the signed statement. A signed statement meeting the

15  requirements of this section creates a presumption that there

16  was an informed, knowing rejection of coverage.

17         (5)  The exclusions authorized by this section apply

18  for the term of the policy and for each renewal thereafter.

19  Changes to the exclusions authorized by this section may be

20  implemented only as of the date of renewal. The exclusions

21  authorized by this section are valid for the term of the

22  contract and for each renewal unless the policyholder elects

23  otherwise.

24         Section 20.  Subsections (4) and (5) of section

25  627.7277, Florida Statutes, as amended by chapter 2007-1, Laws

26  of Florida, are amended to read:

27         627.7277  Notice of renewal premium.--

28         (4)  Every notice of renewal premium must specify:

29         (a)  The dollar amounts recouped for assessments by the

30  Florida Hurricane Catastrophe Fund, the Citizens Property

31  Insurance Corporation, and the Florida Insurance Guaranty


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 1  Association. The actual names of the entities must appear next

 2  to the dollar amounts.

 3         (b)  The dollar amount of any premium increase that is

 4  due to a rate increase and the dollar amounts that are due to

 5  coverage changes.

 6         (5)  The Financial Services Commission may adopt rules

 7  pursuant to ss. 120.536(1) and 120.54 to implement this

 8  section.

 9         Section 21.  Subsection (11) of section 631.52, Florida

10  Statutes, is amended to read:

11         631.52  Scope.--This part shall apply to all kinds of

12  direct insurance, except:

13         (11)  Self-insurance and any kind of self-insurance

14  fund, liability pool, or risk management fund;

15         Section 22.  Paragraph (e) of subsection (3) of section

16  631.57, Florida Statutes, as amended by chapter 2007-1, Laws

17  of Florida, is amended to read:

18         631.57  Powers and duties of the association.--

19         (3)

20         (e)1.a.  In addition to assessments otherwise

21  authorized in paragraph (a) and to the extent necessary to

22  secure the funds for the account specified in s. 631.55(2)(c)

23  for the direct payment of covered claims of insurers rendered

24  insolvent by the effects of a hurricane homeowners' insurers

25  and to pay the reasonable costs to administer such claims, or

26  to retire indebtedness, including, without limitation, the

27  principal, redemption premium, if any, and interest on, and

28  related costs of issuance of, bonds issued under s. 631.695

29  and the funding of any reserves and other payments required

30  under the bond resolution or trust indenture pursuant to which

31  such bonds have been issued, the office, upon certification of


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 1  the board of directors, shall levy emergency assessments upon

 2  insurers holding a certificate of authority. The emergency

 3  assessments payable under this paragraph by any insurer shall

 4  not exceed in any single year more than 2 percent of that

 5  insurer's direct written premiums, net of refunds, in this

 6  state during the preceding calendar year for the kinds of

 7  insurance within the account specified in s. 631.55(2)(c).

 8         b.  Any emergency assessments authorized under this

 9  paragraph shall be levied by the office upon insurers referred

10  to in sub-subparagraph a., upon certification as to the need

11  for such assessments by the board of directors. In the event

12  the board of directors participates in the issuance of bonds

13  in accordance with s. 631.695, emergency assessments shall be

14  levied in each year that bonds issued under s. 631.695 and

15  secured by such emergency assessments are outstanding, in such

16  amounts up to such 2-percent limit as required in order to

17  provide for the full and timely payment of the principal of,

18  redemption premium, if any, and interest on, and related costs

19  of issuance of, such bonds. The emergency assessments provided

20  for in this paragraph are assigned and pledged to the

21  municipality, county, or legal entity issuing bonds under s.

22  631.695 for the benefit of the holders of such bonds, in order

23  to enable such municipality, county, or legal entity to

24  provide for the payment of the principal of, redemption

25  premium, if any, and interest on such bonds, the cost of

26  issuance of such bonds, and the funding of any reserves and

27  other payments required under the bond resolution or trust

28  indenture pursuant to which such bonds have been issued,

29  without the necessity of any further action by the

30  association, the office, or any other party. To the extent

31  bonds are issued under s. 631.695 and the association


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 1  determines to secure such bonds by a pledge of revenues

 2  received from the emergency assessments, such bonds, upon such

 3  pledge of revenues, shall be secured by and payable from the

 4  proceeds of such emergency assessments, and the proceeds of

 5  emergency assessments levied under this paragraph shall be

 6  remitted directly to and administered by the trustee or

 7  custodian appointed for such bonds.

 8         c.  Emergency assessments under this paragraph may be

 9  payable in a single payment or, at the option of the

10  association, may be payable in 12 monthly installments with

11  the first installment being due and payable at the end of the

12  month after an emergency assessment is levied and subsequent

13  installments being due not later than the end of each

14  succeeding month.

15         d.  If emergency assessments are imposed, the report

16  required by s. 631.695(7) shall include an analysis of the

17  revenues generated from the emergency assessments imposed

18  under this paragraph.

19         e.  If emergency assessments are imposed, the

20  references in sub-subparagraph (1)(a)3.b. and s. 631.695(2)

21  and (7) to assessments levied under paragraph (a) shall

22  include emergency assessments imposed under this paragraph.

23         2.  In order to ensure that insurers paying emergency

24  assessments levied under this paragraph continue to charge

25  rates that are neither inadequate nor excessive, within 90

26  days after being notified of such assessments, each insurer

27  that is to be assessed pursuant to this paragraph shall submit

28  a rate filing for coverage included within the account

29  specified in s. 631.55(2)(c) and for which rates are required

30  to be filed under s. 627.062. If the filing reflects a rate

31  change that, as a percentage, is equal to the difference


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 1  between the rate of such assessment and the rate of the

 2  previous year's assessment under this paragraph, the filing

 3  shall consist of a certification so stating and shall be

 4  deemed approved when made. Any rate change of a different

 5  percentage shall be subject to the standards and procedures of

 6  s. 627.062.

 7         3.  In the event the board of directors participates in

 8  the issuance of bonds in accordance with s. 631.695, an annual

 9  assessment under this paragraph shall continue while the bonds

10  issued with respect to which the assessment was imposed are

11  outstanding, including any bonds the proceeds of which were

12  used to refund bonds issued pursuant to s. 631.695, unless

13  adequate provision has been made for the payment of the bonds

14  in the documents authorizing the issuance of such bonds.

15         4.  Emergency assessments under this paragraph are not

16  premium and are not subject to the premium tax, to any fees,

17  or to any commissions. An insurer is liable for all emergency

18  assessments that the insurer collects and shall treat the

19  failure of an insured to pay an emergency assessment as a

20  failure to pay the premium. An insurer is not liable for

21  uncollectible emergency assessments.

22         Section 23.  Paragraphs (g), (h), and (i) of subsection

23  (1) and subsections (2) and (6) of section 631.695, Florida

24  Statutes, are amended to read:

25         631.695  Revenue bond issuance through counties or

26  municipalities.--

27         (1)  The Legislature finds:

28         (g)  To achieve the foregoing purposes, it is proper to

29  authorize municipalities and counties of this state

30  substantially affected by the landfall of a hurricane to issue

31  bonds to assist the Florida Insurance Guaranty Association in


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 1  expediting the handling and payment of covered claims of

 2  insolvent insurers.

 3         (h)  In order to avoid the needless and indiscriminate

 4  proliferation, duplication, and fragmentation of such

 5  assistance programs, it is in the best interests of the

 6  residents of this state to authorize municipalities and

 7  counties severely affected by a hurricane to provide for the

 8  payment of covered claims beyond their territorial limits in

 9  the implementation of such programs.

10         (i)  It is a paramount public purpose for

11  municipalities and counties substantially affected by the

12  landfall of a hurricane to be able to issue bonds for the

13  purposes described in this section. Such issuance shall

14  provide assistance to residents of those municipalities and

15  counties as well as to other residents of this state.

16         (2)  The governing body of any municipality or county,

17  the residents of which have been substantially affected by a

18  hurricane, may issue bonds to fund an assistance program in

19  conjunction with, and with the consent of, the Florida

20  Insurance Guaranty Association for the purpose of paying

21  claimants' or policyholders' covered claims, as defined in s.

22  631.54, arising through the insolvency of an insurer, which

23  insolvency is determined by the Florida Insurance Guaranty

24  Association to have been a result of a hurricane, regardless

25  of whether the claimants or policyholders are residents of

26  such municipality or county or the property to which the claim

27  relates is located within or outside the territorial

28  jurisdiction of the municipality or county. The power of a

29  municipality or county to issue bonds, as described in this

30  section, is in addition to any powers granted by law and may

31  not be abrogated or restricted by any provisions in such


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 1  municipality's or county's charter. A municipality or county

 2  issuing bonds for this purpose shall enter into such contracts

 3  with the Florida Insurance Guaranty Association or any entity

 4  acting on behalf of the Florida Insurance Guaranty Association

 5  as are necessary to implement the assistance program. Any

 6  bonds issued by a municipality or county or a combination

 7  thereof under this subsection shall be payable from and

 8  secured by moneys received by or on behalf of the municipality

 9  or county from assessments levied under s. 631.57(3)(a) and

10  assigned and pledged to or on behalf of the municipality or

11  county for the benefit of the holders of the bonds in

12  connection with the assistance program. The funds, credit,

13  property, and taxing power of the state or any municipality or

14  county shall not be pledged for the payment of such bonds.

15         (6)  Two or more municipalities or counties, the

16  residents of which have been substantially affected by a

17  hurricane, may create a legal entity pursuant to s.

18  163.01(7)(g) to exercise the powers described in this section

19  as well as those powers granted in s. 163.01(7)(g). References

20  in this section to a municipality or county includes such

21  legal entity.

22         Section 24.  Section 1004.647, Florida Statutes, is

23  created to read:

24         1004.647  Florida Catastrophic Storm Risk Management

25  Center.--The Florida Catastrophic Storm Risk Management

26  Center  is created at the Florida State University, College of

27  Business, Department of Risk Management. The purpose of the

28  center is to promote and disseminate research on issues

29  related to catastrophic storm loss and to assist in

30  identifying and developing education and research grant

31  funding opportunities among higher education institutions in


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 1  this state and the private sector. The purpose of the

 2  activities of the center is to support the state's ability to

 3  prepare for, respond to, and recover from catastrophic storms.

 4  The center shall:

 5         (1)  Coordinate and disseminate research efforts that

 6  are expected to have an immediate impact on policy and

 7  practices related to catastrophic storm preparedness.

 8         (2)  Coordinate and disseminate information related to

 9  catastrophic storm risk management, including, but not limited

10  to, research and information that would benefit businesses,

11  consumers, and public policy makers. Areas of interest may

12  include storm forecasting, loss modeling, building

13  construction and mitigation, and risk management strategies.

14  Through its efforts, the center shall facilitate Florida's

15  preparedness for and responsiveness to catastrophic storms and

16  collaborate with other public and private institutions.

17         (3)  Create and promote studies that enhance the

18  educational options available to risk management and insurance

19  students.

20         (4)  Publish and disseminate findings.

21         (5)  Organize and sponsor conferences, symposia, and

22  workshops to educate consumers and policymakers.

23         Section 25.  Effective December 31, 2008, and

24  notwithstanding any other provision of law:

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

26  of residential property insurance may not be issued to any

27  insurer domiciled in this state which is a wholly owned

28  subsidiary of an insurer authorized to do business in any

29  other state.

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

31  state that is a wholly owned subsidiary of an insurer


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 1  authorized to do business in any other state shall include

 2  information relating to the profits of the parent company of

 3  the insurer domiciled in this state.

 4         Section 26.  (1)  Notwithstanding section 9 of chapter

 5  2007-1, Laws of Florida, the internal design option provided

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

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

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

 9  building permit application made before that date.

10         (2)  Subsection (1) shall take effect upon becoming a

11  law and shall apply retroactively to January 25, 2007.

12  Subsection (1) applies to any action taken with respect to a

13  building permit affected by section 9 of chapter 2007-1, Laws

14  of Florida, including any actions, legal or ministerial,

15  pertaining to the issuance, revocation, or modifications of

16  any building permit initiated or issued before, on, or after

17  January 25, 2007, or pending as of January 25, 2007.

18         (3)  If the retroactivity of any provision of

19  subsection (1) or its retroactive application to any person or

20  circumstance is held invalid, the invalidity shall not affect

21  the retroactivity or retroactive application of other

22  provisions of subsection (1).

23         Section 27.  (1)  The Citizens Property Insurance

24  Corporation Mission Review Task Force is created to analyze

25  and compile available data and to develop a report setting

26  forth the statutory and operational changes needed to return

27  Citizens Property Insurance Corporation to its former role as

28  a state-created, noncompetitive residual market mechanism that

29  provides property insurance coverage to risks that are

30  otherwise entitled but unable to obtain such coverage in the

31  private insurance market. The task force shall submit a report


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 1  to the Governor, the President of the Senate, and the Speaker

 2  of the House of Representatives by January 31, 2008. At a

 3  minimum, the task force shall analyze and evaluate relevant

 4  and applicable information and data and develop

 5  recommendations concerning:

 6         (a)  The nature of Citizens Property Insurance

 7  Corporation's role in providing property insurance coverage

 8  when and only if such coverage is not available from private

 9  insurers.

10         (b)  The ability of the admitted market to offer

11  policies to those consumers formerly insured through Citizens

12  Property Insurance Corporation. This consideration shall

13  include, but not be limited to, the availability of private

14  market reinsurance and coverage through the Florida Hurricane

15  Catastrophe Fund, the general adequacy of the admitted

16  market's current rates, and the capacity of the industry to

17  offer policies to former Citizens Property Insurance

18  Corporation policyholders within existing writing ratio

19  limitations.

20         (c)  The appropriate relationship of rates charged by

21  Citizens Property Insurance Corporation to rates charged by

22  private insurers, with due consideration for the corporation's

23  role as a noncompetitive residual market mechanism.

24         (d)  The relationships between the exposure of Citizens

25  Property Insurance Corporation to catastrophic hurricane

26  losses, the corporation's history of purchasing inadequate or

27  no reinsurance coverage, and the corporation's lack of

28  adequate capital to meet its potential claim obligations

29  without incurring large deficits.

30         (e)  The adverse effects on the people and the economy

31  of this state of the large, multiyear deficit assessments by


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 1  Citizens Property Insurance Corporation that may be levied on

 2  businesses and households in this state, and steps that can be

 3  taken to reduce those effects.

 4         (f)  The operational implications of the variation in

 5  the number of policies in force over time in Citizens Property

 6  Insurance Corporation and the merits of outsourcing some or

 7  all of its operational responsibilities.

 8         (g)  Changes in the mission and operations of Citizens

 9  Property Insurance Corporation to reduce or eliminate any

10  adverse effect such mission and operations may be having on

11  the promotion of sound and economic growth and development of

12  the coastal areas of this state.

13         (2)  The task force shall be composed of 19 members as

14  follows:

15         (a)  Three members appointed by the Speaker of the

16  House of Representatives.

17         (b)  Three members appointed by the President of the

18  Senate.

19         (c)  Four members appointed by the Governor who are not

20  employed by or professionally affiliated with an insurance

21  company or a subsidiary of an insurance company, at least two

22  of whom must be a consumer advocate or a member of a consumer

23  advocacy organization or agency.

24         (d)  Nine members appointed as representatives of

25  private insurance companies as follows:

26         1.  Two members representing two separate insurance

27  companies in this state that each provide at least 300,000

28  property insurance policies statewide at the time of the

29  creation of the task force.

30         2.  Two members representing two separate insurance

31  companies in this state that each provide at least 100,000 but


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 1  no more than 299,000 property insurance policies statewide at

 2  the time of the creation of the task force.

 3         3.  Two members representing two separate insurance

 4  companies in this state that each provide fewer than 100,000

 5  property insurance policies statewide at the time of the

 6  creation of the task force.

 7         4.  Three members appointed by the Chief Financial

 8  Officer representing insurance agents in this state, at least

 9  one of whom represents the largest property and casualty

10  insurance agent's association in this state.

11  

12  Of each pair of members appointed under subparagraphs 1., 2.,

13  and 3., one shall be appointed by the President of the Senate

14  and one by the Speaker of the House of Representatives.

15         (3)  The task force shall conduct research, hold public

16  meetings, receive testimony, employ consultants and

17  administrative staff, and undertake other activities

18  determined by its members to be necessary to complete its

19  responsibilities. Citizens Property Insurance Corporation

20  shall have appropriate senior staff attend task force

21  meetings, shall respond to requests for testimony and data by

22  the task force, and shall otherwise cooperate with the task

23  force.

24         (4)  A member of the task force may not delegate his or

25  her attendance or voting power to a designee.

26         (5)  Members of the task force shall serve without

27  compensation but are entitled to receive reimbursement for

28  travel and per diem as provided in s. 112.061, Florida

29  Statutes.

30         (6)  The appointments to the task force must be

31  completed within 30 calendar days after the effective date of


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 1  this act, and the task force must hold its initial meeting

 2  within 1 month after appointment of all members. The task

 3  force shall expire no later than 60 calendar days after

 4  submission of the report required in subsection (1).

 5         (7)  The Department of Financial Services and other

 6  agencies of this state shall supply any information,

 7  assistance, and facilities that are considered necessary to

 8  the task force to carry out its duties under this section. The

 9  department shall provide staff assistance as necessary in

10  order to carry out the required clerical and administrative

11  functions of the task force.

12         Section 28.  For the 2007-2008 fiscal year, the

13  nonrecurring sum of $600,000 is appropriated from the

14  Insurance Regulatory Trust Fund to the Department of Financial

15  Services for the purposes set forth in this act relating to

16  the Citizens Property Insurance Corporation Mission Review

17  Task Force.

18         Section 29.  Except as otherwise expressly provided in

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

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  


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