Senate Bill sb0010A

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    Florida Senate - 2007                                  SB 10-A

    By Senators Fasano and Atwater





    11-474A-07

  1                      A bill to be entitled

  2         An act relating to Citizens Property Insurance

  3         Corporation; amending s. 627.351, F.S.;

  4         deleting the provision under which dwelling

  5         replacement costs for certain structures are

  6         ineligible for coverage by the corporation;

  7         deleting the provision requiring reapplication

  8         for coverage under certain circumstances;

  9         deleting a provision requiring that the Office

10         of Insurance Regulation approve the

11         corporation's method for valuing dwelling

12         replacement cost; deleting the provision that

13         authorizes certain policyholders to remain

14         insured during litigation; deleting criteria

15         for determining whether a rate is inadequate;

16         deleting legislative intent with regard to rate

17         adequacy in the residual market; providing an

18         effective date.

19  

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

21  

22         Section 1.  Paragraphs (a) and (m) of subsection (6) of

23  section 627.351, Florida Statutes, are amended to read:

24         627.351  Insurance risk apportionment plans.--

25         (6)  CITIZENS PROPERTY INSURANCE CORPORATION.--

26         (a)1.  The Legislature finds that actual and threatened

27  catastrophic losses to property in this state from hurricanes

28  have caused insurers to be unwilling or unable to provide

29  property insurance coverage to the extent sought and needed.

30  It is in the public interest and a public purpose to assist in

31  assuring that property in the state is insured so as to

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 1  facilitate the remediation, reconstruction, and replacement of

 2  damaged or destroyed property in order to reduce or avoid the

 3  negative effects otherwise resulting to the public health,

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

 5  revenues of the state and local governments needed to provide

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

 7  property insurance to applicants who are in good faith

 8  entitled to procure insurance through the voluntary market but

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

10  subsection that property insurance be provided and that it

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

12  to achieve efficiencies and economies, while providing service

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

14  the quality generally provided in the voluntary market, all

15  toward the achievement of the foregoing public purposes.

16  Because it is essential for the corporation to have the

17  maximum financial resources to pay claims following a

18  catastrophic hurricane, it is the intent of the Legislature

19  that the income of the corporation be exempt from federal

20  income taxation and that interest on the debt obligations

21  issued by the corporation be exempt from federal income

22  taxation.

23         2.  The Residential Property and Casualty Joint

24  Underwriting Association originally created by this statute

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

26  Insurance Corporation. The corporation shall provide insurance

27  for residential and commercial property, for applicants who

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

29  insurance through the voluntary market. The corporation shall

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

31  the Financial Services Commission. The plan is subject to

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    Florida Senate - 2007                                  SB 10-A
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 1  continuous review by the commission. The commission may, by

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

 3  commission determines that conditions have changed since

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

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

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

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

 8  of this subsection, residential coverage includes both

 9  personal lines residential coverage, which consists of the

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

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

12  policies, and commercial lines residential coverage, which

13  consists of the type of coverage provided by condominium

14  association, apartment building, and similar policies.

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

16  "homestead property" means:

17         a.  Property that has been granted a homestead

18  exemption under chapter 196;

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

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

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

22  or less;

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

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

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

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

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

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

29  residence.

30         d.  Tenant's coverage;

31         e.  Commercial lines residential property; or

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

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

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

 4  or a continuing care retirement community that is certified

 5  under chapter 651 and that receives an exemption from ad

 6  valorem taxes under chapter 196.

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

 8  "nonhomestead property" means property that is not homestead

 9  property.

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

11  residential structure that has a dwelling replacement cost of

12  $1 million or more, or a single condominium unit that has a

13  combined dwelling and content replacement cost of $1 million

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

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

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

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

18  corporation and become ineligible for coverage due to the

19  provisions of this subparagraph may reapply and obtain

20  coverage in the high-risk account and be considered

21  "nonhomestead property" if the property owner provides the

22  corporation with a sworn affidavit from one or more insurance

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

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

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

26  one authorized insurer and at least three surplus lines

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

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

29  the dwelling is ineligible for coverage. The office shall

30  approve the method used by the corporation for valuing the

31  dwelling replacement cost for the purposes of this

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 1  subparagraph. If a policyholder is insured by the corporation

 2  prior to being determined to be ineligible pursuant to this

 3  subparagraph and such policyholder files a lawsuit challenging

 4  the determination, the policyholder may remain insured by the

 5  corporation until the conclusion of the litigation.

 6         5.6.  Effective March 1, 2007, nonhomestead property is

 7  not eligible for coverage by the corporation and is not

 8  eligible for renewal of such coverage unless the property

 9  owner provides the corporation with a sworn affidavit from one

10  or more insurance agents, on a form provided by the

11  corporation, stating that the agents have made their best

12  efforts to obtain coverage and that the property has been

13  rejected for coverage by at least one authorized insurer and

14  at least three surplus lines insurers.

15         6.7.  It is the intent of the Legislature that

16  policyholders, applicants, and agents of the corporation

17  receive service and treatment of the highest possible level

18  but never less than that generally provided in the voluntary

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

20  service standards no less than those applied to insurers in

21  the voluntary market by the office with respect to

22  responsiveness, timeliness, customer courtesy, and overall

23  dealings with policyholders, applicants, or agents of the

24  corporation.

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

26  shall be actuarially sound and not competitive with approved

27  rates charged in the admitted voluntary market, so that the

28  corporation functions as a residual market mechanism to

29  provide insurance only when the insurance cannot be procured

30  in the voluntary market. Rates shall include an appropriate

31  catastrophe loading factor that reflects the actual

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    Florida Senate - 2007                                  SB 10-A
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 1  catastrophic exposure of the corporation. For policies in the

 2  personal lines account and the commercial lines account issued

 3  or renewed on or after March 1, 2007, a rate is deemed

 4  inadequate if the rate, including investment income, is not

 5  sufficient to provide for the procurement of coverage under

 6  the Florida Hurricane Catastrophe Fund and private reinsurance

 7  costs, whether or not reinsurance is procured, and to pay all

 8  claims and expenses reasonably expected to result from a

 9  100-year probable maximum loss event without resort to any

10  regular or emergency assessments, long-term debt, state

11  revenues, or other funding sources. For policies in the

12  high-risk account issued or renewed on or after March 1, 2007,

13  a rate is deemed inadequate if the rate, including investment

14  income, is not sufficient to provide for the procurement of

15  coverage under the Florida Hurricane Catastrophe Fund and

16  private reinsurance costs, whether or not reinsurance is

17  procured, and to pay all claims and expenses reasonably

18  expected to result from a 70-year probable maximum loss event

19  with resort to any regular or emergency assessments, long-term

20  debt, state revenues, or other funding sources. For policies

21  in the high-risk account issued or renewed in 2008 and 2009,

22  the rate must be based upon an 85-year and 100-year probable

23  maximum loss event, respectively.

24         b.  It is the intent of the Legislature to reaffirm the

25  requirement of rate adequacy in the residual market.

26  Recognizing that rates may comply with the intent expressed in

27  sub-subparagraph a. and yet be inadequate and recognizing the

28  public need to limit subsidies within the residual market, it

29  is the further intent of the Legislature to establish

30  statutory standards for rate adequacy. Such standards are

31  intended to supplement the standard specified in s.

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    Florida Senate - 2007                                  SB 10-A
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 1  627.062(2)(e)3., providing that rates are inadequate if they

 2  are clearly insufficient to sustain projected losses and

 3  expenses in the class of business to which they apply.

 4         2.  For each county, the average rates of the

 5  corporation for each line of business for personal lines

 6  residential policies excluding rates for wind-only policies

 7  shall be no lower than the average rates charged by the

 8  insurer that had the highest average rate in that county among

 9  the 20 insurers with the greatest total direct written premium

10  in the state for that line of business in the preceding year,

11  except that with respect to mobile home coverages, the average

12  rates of the corporation shall be no lower than the average

13  rates charged by the insurer that had the highest average rate

14  in that county among the 5 insurers with the greatest total

15  written premium for mobile home owner's policies in the state

16  in the preceding year.

17         3.  Rates for personal lines residential wind-only

18  policies must be actuarially sound and not competitive with

19  approved rates charged by authorized insurers. If the filing

20  under this subparagraph is made at least 90 days before the

21  proposed effective date and the filing is not implemented

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

23  and judicial review, such filing shall be considered a "file

24  and use" filing. In such case, the office shall finalize its

25  review by issuance of a notice of intent to approve or a

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

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

28  intent to disapprove constitute agency action for purposes of

29  the Administrative Procedure Act. Requests for supporting

30  information, requests for mathematical or mechanical

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

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

 2  during any such proceedings and subsequent judicial review.

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

 4  a notice of intent to approve or a notice of intent to

 5  disapprove within 90 days after receipt of the filing.

 6  Corporation rate manuals shall include a rate surcharge for

 7  seasonal occupancy. To ensure that personal lines residential

 8  wind-only rates are not competitive with approved rates

 9  charged by authorized insurers, the corporation, in

10  conjunction with the office, shall develop a wind-only

11  ratemaking methodology, which methodology shall be contained

12  in each rate filing made by the corporation with the office.

13  If the office determines that the wind-only rates or rating

14  factors filed by the corporation fail to comply with the

15  wind-only ratemaking methodology provided for in this

16  subsection, it shall so notify the corporation and require the

17  corporation to amend its rates or rating factors to come into

18  compliance within 90 days of notice from the office.

19         4.  The requirements of this paragraph that rates not

20  be competitive with approved rates charged by authorized

21  insurers do not apply in a county or area for which the office

22  determines that no authorized insurer is offering coverage.

23  The corporation shall amend its rates or rating factors for

24  the affected county or area in conjunction with its next rate

25  filing after such determination is made.

26         5.  For the purposes of establishing a pilot program to

27  evaluate issues relating to the availability and affordability

28  of insurance in an area where historically there has been

29  little market competition, the provisions of subparagraph 2.

30  do not apply to coverage provided by the corporation in Monroe

31  County if the office determines that a reasonable degree of

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 1  competition does not exist for personal lines residential

 2  policies. The provisions of subparagraph 3. do not apply to

 3  coverage provided by the corporation in Monroe County if the

 4  office determines that a reasonable degree of competition does

 5  not exist for personal lines residential policies in the area

 6  of that county which is eligible for wind-only coverage. In

 7  this county, the rates for personal lines residential coverage

 8  shall be actuarially sound and not excessive, inadequate, or

 9  unfairly discriminatory and are subject to the other

10  provisions of the paragraph and s. 627.062. The commission

11  shall adopt rules establishing the criteria for determining

12  whether a reasonable degree of competition exists for personal

13  lines residential policies in Monroe County. By March 1, 2006,

14  the office shall submit a report to the Legislature providing

15  an evaluation of the implementation of the pilot program

16  affecting Monroe County.

17         6.  Rates for commercial lines coverage shall not be

18  subject to the requirements of subparagraph 2., but shall be

19  subject to all other requirements of this paragraph and s.

20  627.062.

21         7.  Nothing in this paragraph shall require or allow

22  the corporation to adopt a rate that is inadequate under s.

23  627.062.

24         8.  The corporation shall certify to the office at

25  least twice annually that its personal lines rates comply with

26  the requirements of subparagraphs 1., 2., and 3. If any

27  adjustment in the rates or rating factors of the corporation

28  is necessary to ensure such compliance, the corporation shall

29  make and implement such adjustments and file its revised rates

30  and rating factors with the office. If the office thereafter

31  determines that the revised rates and rating factors fail to

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 1  comply with the provisions of subparagraphs 1., 2., and 3., it

 2  shall notify the corporation and require the corporation to

 3  amend its rates or rating factors in conjunction with its next

 4  rate filing. The office must notify the corporation by

 5  electronic means of any rate filing it approves for any

 6  insurer among the insurers referred to in subparagraph 2.

 7         9.  In addition to the rates otherwise determined

 8  pursuant to this paragraph, the corporation shall impose and

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

10  624.509 to augment the financial resources of the corporation.

11         10.  The corporation shall develop a notice to

12  policyholders or applicants that the rates of Citizens

13  Property Insurance Corporation are intended to be higher than

14  the rates of any admitted carrier and providing other

15  information the corporation deems necessary to assist

16  consumers in finding other voluntary admitted insurers willing

17  to insure their property.

18         11.  After the public hurricane loss-projection model

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

20  by the Florida Commission on Hurricane Loss Projection

21  Methodology, that model shall serve as the minimum benchmark

22  for determining the windstorm portion of the corporation's

23  rates. This subparagraph does not require or allow the

24  corporation to adopt rates lower than the rates otherwise

25  required or allowed by this paragraph.

26         Section 2.  This act shall take effect upon becoming a

27  law.

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

 2                          SENATE SUMMARY

 3    Deletes the provision under which dwelling replacement
      costs for certain structures are ineligible for coverage
 4    by Citizens Property Insurance Corporation. Deletes the
      provision requiring reapplication for coverage under
 5    certain circumstances. Deletes a requirement that the
      Office of Insurance Regulation approve the method for
 6    valuing dwelling replacement cost. Deletes the provision
      that authorizes certain policyholders to remain insured
 7    during litigation. Deletes the criteria for determining
      whether a rate is inadequate. Deletes legislative intent
 8    with regard to rate adequacy in the residual market.

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