Florida Senate - 2007                        SENATOR AMENDMENT
    Bill No. SB 4-A
                        Barcode 684358
                            CHAMBER ACTION
              Senate                               House
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 3         Floor: 28/F/2R          .                    
       01/17/2007 04:36 PM         .                    
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11  Senator Fasano moved the following amendment:
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13         Senate Amendment 
14         On page 129, line 28, through
15            page 138, line 14, delete those lines
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17  and insert:  
18         5.  Must provide a procedure relating to producing
19  agents for determining the eligibility of a risk for coverage,
20  as follows:
21         a.  Subject to the provisions of s. 627.3517, with
22  respect to personal lines residential risks:, if the risk is
23  offered coverage from an authorized insurer at the insurer's
24  approved rate under either a standard policy including wind
25  coverage or, if consistent with the insurer's underwriting
26  rules as filed with the office, a basic policy including wind
27  coverage, the risk is not eligible for any policy issued by
28  the corporation. If the risk is not able to obtain any such
29  offer, the risk is eligible for either a standard policy
30  including wind coverage or a basic policy including wind
31  coverage issued by the corporation; however, if the risk could
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    10:58 AM   01/17/07                             s0004Ab-11-t01

Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 4-A Barcode 684358 1 not be insured under a standard policy including wind coverage 2 regardless of market conditions, the risk shall be eligible 3 for a basic policy including wind coverage unless rejected 4 under subparagraph 8. The corporation shall determine the type 5 of policy to be provided on the basis of objective standards 6 specified in the underwriting manual and based on generally 7 accepted underwriting practices. 8 (I) If the risk accepts an offer of coverage through 9 the market assistance plan or an offer of coverage through a 10 mechanism established by the corporation before a policy is 11 issued to the risk by the corporation or during the first 30 12 days of coverage by the corporation, and the producing agent 13 who submitted the application to the plan or to the 14 corporation is not currently appointed by the insurer, the 15 insurer shall: 16 (A) Pay to the producing agent of record of the 17 policy, for the first year, an amount that is the greater of 18 the insurer's usual and customary commission for the type of 19 policy written or a fee equal to the usual and customary 20 commission of the corporation; or 21 (B) Offer to allow the producing agent of record of 22 the policy to continue servicing the policy for a period of 23 not less than 1 year and offer to pay the agent the greater of 24 the insurer's or the corporation's usual and customary 25 commission for the type of policy written. 26 27 If the producing agent is unwilling or unable to accept 28 appointment, the new insurer shall pay the agent in accordance 29 with sub-sub-sub-subparagraph (A). 30 (II) When the corporation enters into a contractual 31 agreement for a take-out plan, the producing agent of record 2 10:58 AM 01/17/07 s0004Ab-11-t01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 4-A Barcode 684358 1 of the corporation policy is entitled to retain any unearned 2 commission on the policy, and the insurer shall: 3 (A) Pay to the producing agent of record of the 4 corporation policy, for the first year, an amount that is the 5 greater of the insurer's usual and customary commission for 6 the type of policy written or a fee equal to the usual and 7 customary commission of the corporation; or 8 (B) Offer to allow the producing agent of record of 9 the corporation policy to continue servicing the policy for a 10 period of not less than 1 year and offer to pay the agent the 11 greater of the insurer's or the corporation's usual and 12 customary commission for the type of policy written. 13 14 If the producing agent is unwilling or unable to accept 15 appointment, the new insurer shall pay the agent in accordance 16 with sub-sub-sub-subparagraph (A). 17 b. With respect to commercial lines residential 18 risks:, if the risk is offered coverage under a policy 19 including wind coverage from an authorized insurer at its 20 approved rate, the risk is not eligible for any policy issued 21 by the corporation. If the risk is not able to obtain any such 22 offer, the risk is eligible for a policy including wind 23 coverage issued by the corporation. 24 (I) If the risk accepts an offer of coverage through 25 the market assistance plan or an offer of coverage through a 26 mechanism established by the corporation before a policy is 27 issued to the risk by the corporation or during the first 30 28 days of coverage by the corporation, and the producing agent 29 who submitted the application to the plan or the corporation 30 is not currently appointed by the insurer, the insurer shall: 31 (A) Pay to the producing agent of record of the 3 10:58 AM 01/17/07 s0004Ab-11-t01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 4-A Barcode 684358 1 policy, for the first year, an amount that is the greater of 2 the insurer's usual and customary commission for the type of 3 policy written or a fee equal to the usual and customary 4 commission of the corporation; or 5 (B) Offer to allow the producing agent of record of 6 the policy to continue servicing the policy for a period of 7 not less than 1 year and offer to pay the agent the greater of 8 the insurer's or the corporation's usual and customary 9 commission for the type of policy written. 10 11 If the producing agent is unwilling or unable to accept 12 appointment, the new insurer shall pay the agent in accordance 13 with sub-sub-sub-subparagraph (A). 14 (II) When the corporation enters into a contractual 15 agreement for a take-out plan, the producing agent of record 16 of the corporation policy is entitled to retain any unearned 17 commission on the policy, and the insurer shall: 18 (A) Pay to the producing agent of record of the 19 corporation policy, for the first year, an amount that is the 20 greater of the insurer's usual and customary commission for 21 the type of policy written or a fee equal to the usual and 22 customary commission of the corporation; or 23 (B) Offer to allow the producing agent of record of 24 the corporation policy to continue servicing the policy for a 25 period of not less than 1 year and offer to pay the agent the 26 greater of the insurer's or the corporation's usual and 27 customary commission for the type of policy written. 28 29 If the producing agent is unwilling or unable to accept 30 appointment, the new insurer shall pay the agent in accordance 31 with sub-sub-sub-subparagraph (A). 4 10:58 AM 01/17/07 s0004Ab-11-t01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 4-A Barcode 684358 1 6. Must provide by July 1, 2007, that an application 2 for coverage for a new policy is subject to a waiting period 3 of 10 days before coverage is effective, during which time the 4 corporation shall make such application available for review 5 by general lines agents and authorized property and casualty 6 insurers. The board may approve exceptions that allow for 7 coverage to be effective before the end of the 10-day waiting 8 period, for coverage issued in conjunction with a real estate 9 closing, and for such other exceptions as the board determines 10 are necessary to prevent lapses in coverage. 11 7. Must include rules for classifications of risks and 12 rates therefor. 13 8. Must provide that if premium and investment income 14 for an account attributable to a particular calendar year are 15 in excess of projected losses and expenses for the account 16 attributable to that year, such excess shall be held in 17 surplus in the account. Such surplus shall be available to 18 defray deficits in that account as to future years and shall 19 be used for that purpose prior to assessing assessable 20 insurers and assessable insureds as to any calendar year. 21 9. Must provide objective criteria and procedures to 22 be uniformly applied for all applicants in determining whether 23 an individual risk is so hazardous as to be uninsurable. In 24 making this determination and in establishing the criteria and 25 procedures, the following shall be considered: 26 a. Whether the likelihood of a loss for the individual 27 risk is substantially higher than for other risks of the same 28 class; and 29 b. Whether the uncertainty associated with the 30 individual risk is such that an appropriate premium cannot be 31 determined. 5 10:58 AM 01/17/07 s0004Ab-11-t01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 4-A Barcode 684358 1 2 The acceptance or rejection of a risk by the corporation shall 3 be construed as the private placement of insurance, and the 4 provisions of chapter 120 shall not apply. 5 10. Must provide that the corporation shall make its 6 best efforts to procure catastrophe reinsurance at reasonable 7 rates, to cover its projected 100-year probable maximum loss 8 as determined by the board of governors. 9 11. Must provide that in the event of regular deficit 10 assessments under sub-subparagraph (b)3.a. or sub-subparagraph 11 (b)3.b., in the personal lines account, the commercial lines 12 residential account, or the high-risk account, the corporation 13 shall levy upon corporation policyholders in its next rate 14 filing, or by a separate rate filing solely for this purpose, 15 a Citizens policyholder surcharge arising from a regular 16 assessment in such account in a percentage equal to the total 17 amount of such regular assessments divided by the aggregate 18 statewide direct written premium for subject lines of business 19 for the prior calendar year. For purposes of calculating the 20 Citizens policyholder surcharge to be levied under this 21 subparagraph, the total amount of the regular assessment to 22 which this surcharge is related shall be determined as set 23 forth in subparagraph (b)3., without deducting the estimated 24 Citizens policyholder surcharge. Citizens policyholder 25 surcharges under this subparagraph are not considered premium 26 and are not subject to commissions, fees, or premium taxes; 27 however, failure to pay a market equalization surcharge shall 28 be treated as failure to pay premium. 29 12. The policies issued by the corporation must 30 provide that, if the corporation or the market assistance plan 31 obtains an offer from an authorized insurer to cover the risk 6 10:58 AM 01/17/07 s0004Ab-11-t01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 4-A Barcode 684358 1 at its approved rates, the risk is no longer eligible for 2 renewal through the corporation. 3 12.13. Corporation policies and applications must 4 include a notice that the corporation policy could, under this 5 section, be replaced with a policy issued by an authorized 6 insurer that does not provide coverage identical to the 7 coverage provided by the corporation. The notice shall also 8 specify that acceptance of corporation coverage creates a 9 conclusive presumption that the applicant or policyholder is 10 aware of this potential. 11 13.14. May establish, subject to approval by the 12 office, different eligibility requirements and operational 13 procedures for any line or type of coverage for any specified 14 county or area if the board determines that such changes to 15 the eligibility requirements and operational procedures are 16 justified due to the voluntary market being sufficiently 17 stable and competitive in such area or for such line or type 18 of coverage and that consumers who, in good faith, are unable 19 to obtain insurance through the voluntary market through 20 ordinary methods would continue to have access to coverage 21 from the corporation. When coverage is sought in connection 22 with a real property transfer, such requirements and 23 procedures shall not provide for an effective date of coverage 24 later than the date of the closing of the transfer as 25 established by the transferor, the transferee, and, if 26 applicable, the lender. 27 14.15. Must provide that, with respect to the 28 high-risk account, any assessable insurer with a surplus as to 29 policyholders of $25 million or less writing 25 percent or 30 more of its total countrywide property insurance premiums in 31 this state may petition the office, within the first 90 days 7 10:58 AM 01/17/07 s0004Ab-11-t01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 4-A Barcode 684358 1 of each calendar year, to qualify as a limited apportionment 2 company. A regular assessment levied by the corporation on a 3 limited apportionment company for a deficit incurred by the 4 corporation for the high-risk account in 2006 or thereafter 5 may be paid to the corporation on a monthly basis as the 6 assessments are collected by the limited apportionment company 7 from its insureds pursuant to s. 627.3512, but the regular 8 assessment must be paid in full within 12 months after being 9 levied by the corporation. A limited apportionment company 10 shall collect from its policyholders any emergency assessment 11 imposed under sub-subparagraph (b)3.d. The plan shall provide 12 that, if the office determines that any regular assessment 13 will result in an impairment of the surplus of a limited 14 apportionment company, the office may direct that all or part 15 of such assessment be deferred as provided in subparagraph 16 (g)4. However, there shall be no limitation or deferment of an 17 emergency assessment to be collected from policyholders under 18 sub-subparagraph (b)3.d. 19 15.16. Must provide that the corporation appoint as 20 its licensed agents only those agents who also hold an 21 appointment as defined in s. 626.015(3) with an insurer who at 22 the time of the agent's initial appointment by the corporation 23 is authorized to write and is actually writing personal lines 24 residential property coverage, commercial residential property 25 coverage, or commercial nonresidential property coverage 26 within the state. 27 16.17. Must provide, by July 1, 2007, a premium 28 payment plan option to its policyholders which allows for 29 quarterly and semiannual payment of premiums. 30 17.18. Must provide, effective June 1, 2007, that the 31 corporation contract with each insurer providing the non-wind 8 10:58 AM 01/17/07 s0004Ab-11-t01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 4-A Barcode 684358 1 coverage for risks insured by the corporation in the high-risk 2 account, requiring that the insurer provide claims adjusting 3 services for the wind coverage provided by the corporation for 4 such risks. An insurer is required to enter into this contract 5 as a condition of providing non-wind coverage for a risk that 6 is insured by the corporation in the high-risk account unless 7 the board finds, after a hearing, that the insurer is not 8 capable of providing adjusting services at an acceptable level 9 of quality to corporation policyholders. The terms and 10 conditions of such contracts must be substantially the same as 11 the contracts that the corporation executed with insurers 12 under the "adjust-your-own" program in 2006, except as may be 13 mutually agreed to by the parties and except for such changes 14 that the board determines are necessary to ensure that claims 15 are adjusted appropriately. The corporation shall provide a 16 process for neutral arbitration of any dispute between the 17 corporation and the insurer regarding the terms of the 18 contract. The corporation shall review and monitor the 19 performance of insurers under these contracts. 20 18.19. Must limit coverage on mobile homes or 21 manufactured homes built prior to 1994 to actual cash value of 22 the dwelling rather than replacement costs of the dwelling. 23 19. May provide such limits of coverage as the board 24 determines, consistent with the requirements of this 25 subsection. 26 20. May require commercial property to meet specified 27 hurricane mitigation construction features as a condition of 28 eligibility for coverage. 29 30 31 9 10:58 AM 01/17/07 s0004Ab-11-t01