Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. SB 4-A
                        Barcode 632058
                            CHAMBER ACTION
              Senate                               House
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11  The Committee on Banking and Insurance (Deutch) recommended
12  the following amendment:
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14         Senate Amendment (with title amendment) 
15         On page 171, between lines 4 and 5,
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17  insert:  
18         Section 33.  Subsection (11) of section 718.111,
19  Florida Statutes, is amended to read:
20         718.111  The association.--
21         (11)  INSURANCE.--In order to protect the safety,
22  health, and welfare of the people of the State of Florida and
23  to ensure consistency in the provision of insurance coverage
24  to condominiums and their unit owners, paragraphs (b) and (c)
25  are deemed to apply to every residential condominium in the
26  state, regardless of the date of its declaration of
27  condominium. It is the intent of the Legislature to encourage
28  lower or stable insurance premiums for associations described
29  in this section. Therefore, the Legislature requires a report
30  to be prepared by the Office of Insurance Regulation of the
31  Department of Financial Services for publication 18 months
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    Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. SB 4-A
                        Barcode 632058
 1  from the effective date of this act, evaluating premium
 2  increases or decreases for associations, unit owner premium
 3  increases or decreases, recommended changes to better define
 4  common areas, or any other information the Office of Insurance
 5  Regulation deems appropriate.
 6         (a)  A unit-owner controlled association operating a
 7  residential condominium shall use its best efforts to obtain
 8  and maintain adequate insurance to protect the association,
 9  the association property, the common elements, and the
10  condominium property required to be insured by the association
11  pursuant to paragraph (b). If the association is developer
12  controlled, the association shall exercise due diligence to
13  obtain and maintain such insurance.  Failure to obtain and
14  maintain adequate insurance during any period of developer
15  control shall constitute a breach of fiduciary responsibility
16  by the developer-appointed members of the board of directors
17  of the association, unless said members can show that despite
18  such failure, they have exercised due diligence. The
19  declaration of condominium as originally recorded, or amended
20  pursuant to procedures provided therein, may require that
21  condominium property consisting of freestanding buildings
22  where there is no more than one building in or on such unit
23  need not be insured by the association if the declaration
24  requires the unit owner to obtain adequate insurance for the
25  condominium property. An association may also obtain and
26  maintain liability insurance for directors and officers,
27  insurance for the benefit of association employees, and flood
28  insurance for common elements, association property, and
29  units. Adequate insurance, regardless of any requirement in
30  the declaration of condominium for coverage by the association
31  for "full insurable value," "replacement cost," or the like,
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    Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. SB 4-A
                        Barcode 632058
 1  may include reasonable deductibles as determined by the board
 2  based upon available funds or predetermined assessment
 3  authority at the time that the insurance is obtained.
 4         1.  Windstorm insurance coverage for a group of no
 5  fewer than three communities created and operating under
 6  chapter 718, chapter 719, chapter 720, or chapter 721 may be
 7  obtained and maintained for the communities if the insurance
 8  coverage is sufficient to cover an amount equal to the
 9  probable maximum loss for the communities for a 250-year
10  windstorm event. Such probable maximum loss must be determined
11  through the use of a competent model that has been accepted by
12  the Florida Commission on Hurricane Loss Project Methodology.
13  Such insurance coverage is deemed adequate windstorm insurance
14  for the purposes of this section.
15         2.  An association or group of associations may
16  self-insure against claims against the association, the
17  association property, and the condominium property required to
18  be insured by an association, upon compliance with the
19  applicable provisions of ss. 624.460-624.488, which shall be
20  considered adequate insurance for the purposes of this
21  section. A copy of each policy of insurance in effect shall be
22  made available for inspection by unit owners at reasonable
23  times.
24         (b)  Every hazard insurance policy issued or renewed on
25  or after January 1, 2004, to protect the condominium shall
26  provide primary coverage for:
27         1.  All portions of the condominium property located
28  outside the units;
29         2.  The condominium property located inside the units
30  as such property was initially installed, or replacements
31  thereof of like kind and quality and in accordance with the
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    Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. SB 4-A
                        Barcode 632058
 1  original plans and specifications or, if the original plans
 2  and specifications are not available, as they existed at the
 3  time the unit was initially conveyed; and
 4         3.  All portions of the condominium property for which
 5  the declaration of condominium requires coverage by the
 6  association.
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 8  Anything to the contrary notwithstanding, the terms
 9  "condominium property," "building," "improvements," "insurable
10  improvements," "common elements," "association property," or
11  any other term found in the declaration of condominium which
12  defines the scope of property or casualty insurance that a
13  condominium association must obtain shall exclude all floor,
14  wall, and ceiling coverings, electrical fixtures, appliances,
15  air conditioner or heating equipment, water heaters, water
16  filters, built-in cabinets and countertops, and window
17  treatments, including curtains, drapes, blinds, hardware, and
18  similar window treatment components, or replacements of any of
19  the foregoing which are located within the boundaries of a
20  unit and serve only one unit and all air conditioning
21  compressors that service only an individual unit, whether or
22  not located within the unit boundaries. The foregoing is
23  intended to establish the property or casualty insuring
24  responsibilities of the association and those of the
25  individual unit owner and do not serve to broaden or extend
26  the perils of coverage afforded by any insurance contract
27  provided to the individual unit owner. Beginning January 1,
28  2004, the association shall have the authority to amend the
29  declaration of condominium, without regard to any requirement
30  for mortgagee approval of amendments affecting insurance
31  requirements, to conform the declaration of condominium to the
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    Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. SB 4-A
                        Barcode 632058
 1  coverage requirements of this section.
 2         (c)  Every hazard insurance policy issued or renewed on
 3  or after January 1, 2004, to an individual unit owner shall
 4  provide that the coverage afforded by such policy is excess
 5  over the amount recoverable under any other policy covering
 6  the same property. Each insurance policy issued to an
 7  individual unit owner providing such coverage shall be without
 8  rights of subrogation against the condominium association that
 9  operates the condominium in which such unit owner's unit is
10  located. All real or personal property located within the
11  boundaries of the unit owner's unit which is excluded from the
12  coverage to be provided by the association as set forth in
13  paragraph (b) shall be insured by the individual unit owner.
14         (d)  The association shall obtain and maintain adequate
15  insurance or fidelity bonding of all persons who control or
16  disburse funds of the association. The insurance policy or
17  fidelity bond must cover the maximum funds that will be in the
18  custody of the association or its management agent at any one
19  time. As used in this paragraph, the term "persons who control
20  or disburse funds of the association" includes, but is not
21  limited to, those individuals authorized to sign checks and
22  the president, secretary, and treasurer of the association.
23  The association shall bear the cost of bonding.
24  
25  (Redesignate subsequent sections.)
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28  ================ T I T L E   A M E N D M E N T ===============
29  And the title is amended as follows:
30         On page 10, line 12, after the semicolon,
31  
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    Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. SB 4-A
                        Barcode 632058
 1  insert:
 2         amending s. 718.111, F.S.; providing for
 3         windstorm insurance for condominium
 4         associations;
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