Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. SB 4-A
                        Barcode 550132
                            CHAMBER ACTION
              Senate                               House
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 1           Comm: WD              .                    
       01/17/2007 10:42 AM         .                    
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11  The Committee on Banking and Insurance (Bennett) recommended
12  the following amendment:
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14         Senate Amendment (with title amendment) 
15         On page 55, before line 1,
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17  insert:  
18         Section 5.  Subsections (2) and (3) of section
19  215.5595, Florida Statutes, are amended 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         (a)  The amount of the surplus note for any insurer or
28  insurer group, other than an insurer writing residential
29  property insurance covering manufactured housing, may not
30  exceed $25 million or 20 percent of the total amount of funds
31  available under the program, whichever is greater. The amount
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    8:35 PM   01/16/07                             s0004A.bi21.00a

Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 4-A Barcode 550132 1 of the surplus note for any insurer or insurer group writing 2 residential property insurance covering only manufactured 3 housing may not exceed $7 million. 4 (b) The insurer must contribute an amount of new 5 capital to its surplus which is at least equal to the amount 6 of the surplus note and must apply to the board by July 1, 7 2006. If an insurer applies after July 1, 2006, but before 8 June 1, 2007, the amount of the surplus note is limited to 9 one-half of the new capital that the insurer contributes to 10 its surplus. For purposes of this section, new capital must be 11 in the form of cash or cash equivalents as specified in s. 12 625.012(1), but may also include the surplus and capital of 13 any property insurance company domiciled in this state 14 initially licensed after September 1, 2006, which begins 15 writing any new homeowners' or manufactured housing 16 residential property insurance and applies for a surplus note 17 after January 1, 2007. 18 (c) The insurer's surplus, new capital, and the 19 surplus note must total at least $50 million, except for 20 insurers writing residential property insurance covering 21 manufactured housing. The insurer's surplus, new capital, and 22 the surplus note must total at least $14 million for insurers 23 writing residential property insurance covering manufactured 24 housing policies as provided in paragraph (a). 25 (d) The insurer must commit to meeting a minimum 26 writing ratio of net written premium to surplus of at least 27 2:1 for the term of the surplus note, which shall be 28 determined by the Office of Insurance Regulation and certified 29 quarterly to the board. For this purpose, the term "net 30 written premium" means net written premium for residential 31 property insurance in Florida, including the peril of wind, 2 8:35 PM 01/16/07 s0004A.bi21.00a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 4-A Barcode 550132 1 and "surplus" refers to the entire surplus of the insurer. If 2 the required ratio is not maintained during the term of the 3 surplus note, the board may increase the interest rate, 4 accelerate the repayment of interest and principal, or shorten 5 the term of the surplus note, subject to approval by the 6 Commissioner of Insurance of payments by the insurer of 7 principal and interest as provided in paragraph (f). 8 (e) If the requirements of this section are met, the 9 board may approve an application by an insurer for a surplus 10 note, unless the board determines that the financial condition 11 of the insurer and its business plan for writing residential 12 property insurance in Florida places an unreasonably high 13 level of financial risk to the state of nonpayment in full of 14 the interest and principal. The board shall consult with the 15 Office of Insurance Regulation and may contract with 16 independent financial and insurance consultants in making this 17 determination. 18 (f) The surplus note must be repayable to the state 19 with a term of 20 years. The surplus note shall accrue 20 interest on the unpaid principal balance at a rate equivalent 21 to the 10-year U.S. Treasury Bond rate, require the payment 22 only of interest during the first 3 years, and include such 23 other terms as are approved by the board. Payment of principal 24 or interest by the insurer on the surplus note must be 25 approved by the Commissioner of Insurance, who shall approve 26 the such payment unless the commissioner determines that the 27 such payment will substantially impair the financial condition 28 of the insurer. If such a determination is made, the 29 commissioner shall approve the such payment that will not 30 substantially impair the financial condition of the insurer. 31 (g) The total amount of funds available for the 3 8:35 PM 01/16/07 s0004A.bi21.00a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 4-A Barcode 550132 1 program is limited to the amount appropriated by the 2 Legislature for this purpose. If the amount of surplus notes 3 requested by insurers exceeds the amount of funds available, 4 the board may prioritize insurers that are eligible and 5 approved, with priority for funding given to insurers writing 6 residential property insurance covering manufactured housing, 7 regardless of the date of application, based on the financial 8 strength of the insurer, the viability of its proposed 9 business plan for writing additional residential property 10 insurance in the state, and the effect on competition in the 11 residential property insurance market. Among insurers writing 12 residential property insurance covering manufactured housing, 13 priority shall be given to the insurers writing the highest 14 number of manufactured housing policies as a percentage of all 15 policies written by that insurer. 16 (h) The board may allocate portions of the funds 17 available for the program and establish dates for insurers to 18 apply for surplus notes from such allocation which are earlier 19 than the dates established in paragraph (b). 20 (i) Notwithstanding paragraph (d), a newly formed 21 manufactured housing insurer that is eligible for a surplus 22 note under this section shall meet the 23 premium-to-surplus-ratio provisions of s. 624.4095. 24 (3) As used in this section, the term: 25 (a) "Board" means the State Board of Administration. 26 (b) "Program" means the Insurance Capital Build-Up 27 Incentive Program established by this section. 28 (c) "Insurer writing residential property insurance 29 covering manufactured housing" means an insurer whose policies 30 for residential manufactured homes equals or exceeds 25 31 percent of the insurer's total number of outstanding policies. 4 8:35 PM 01/16/07 s0004A.bi21.00a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 4-A Barcode 550132 1 2 (Redesignate subsequent sections.) 3 4 5 ================ T I T L E A M E N D M E N T =============== 6 And the title is amended as follows: 7 On page 3, line 3, after the semicolon, 8 9 insert: 10 amending s. 215.5595, F.S.; providing that the 11 amount of the surplus note under the Insurance 12 Capital Build-Up Incentive Program for an 13 insurer or insurer group writing residential 14 property insurance covering only manufactured 15 housing may not exceed a specified amount; 16 providing that the new capital to be added to 17 an insurer's surplus must be in the form of 18 cash or cash equivalents but may also include 19 the surplus and capital of a property insurer 20 that is domiciled in this state, that is 21 initially licensed after a specific date, that 22 begins writing new homeowners or manufactured 23 housing residential property insurance, and 24 that applies for a surplus note after a 25 specified date; providing that an insurer's 26 surplus, new capital, and surplus note must 27 total a specified amount; providing an 28 exception for insurers writing property 29 insurance policies covering manufactured 30 housing; providing that priority for receiving 31 funds from the Insurance Capital Build-Up 5 8:35 PM 01/16/07 s0004A.bi21.00a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 4-A Barcode 550132 1 Incentive Program be given to insurers writing 2 residential property insurance covering 3 manufactured housing, and that substantially 4 among insurers writing residential property 5 insurance for manufactured housing, priority be 6 given to insurers writing the highest number of 7 manufactured housing policies as a percentage 8 of all policies written by that insurer; 9 defining the term "insurer writing residential 10 property insurance covering manufactured 11 housing"; 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 6 8:35 PM 01/16/07 s0004A.bi21.00a