1 | A bill to be entitled |
2 | An act relating to hurricane preparedness and insurance; |
3 | creating the Citizens Property Insurance Corporation |
4 | Mission Review Task Force; providing purposes; requiring a |
5 | report; providing report requirements; providing for |
6 | appointment of members; providing responsibilities; |
7 | specifying service without compensation; providing for |
8 | reimbursement of per diem and travel expenses; providing |
9 | meeting requirements; requiring the corporation to assist |
10 | the task force; providing for the expiration of the task |
11 | force; requiring the Chief Financial Officer to provide a |
12 | report on the economic impact on the state of certain |
13 | hurricanes; providing report requirements; providing an |
14 | effective date. |
15 |
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16 | Be It Enacted by the Legislature of the State of Florida: |
17 |
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18 | Section 1. (1) The Citizens Property Insurance |
19 | Corporation Mission Review Task Force is created to analyze and |
20 | compile available data and to develop a report setting forth the |
21 | statutory and operational changes needed to return Citizens |
22 | Property Insurance Corporation to its former role as a state- |
23 | created, noncompetitive residual market mechanism that provides |
24 | property insurance coverage to risks that are otherwise entitled |
25 | but unable to obtain such coverage in the private insurance |
26 | market. The task force shall submit a report to the Governor, |
27 | the President of the Senate, and the Speaker of the House of |
28 | Representatives by January 31, 2009. At a minimum, the task |
29 | force shall analyze and evaluate relevant and applicable |
30 | information and data and develop recommendations concerning: |
31 | (a) The nature of Citizens Property Insurance |
32 | Corporation's role in providing property insurance coverage only |
33 | if such coverage is not available from private insurers. |
34 | (b) The ability of the admitted market to offer policies |
35 | to those consumers formerly insured through Citizens Property |
36 | Insurance Corporation. This consideration shall include, but not |
37 | be limited to, the availability of private market reinsurance |
38 | and coverage through the Florida Hurricane Catastrophe Fund, the |
39 | general adequacy of the admitted market's current rates, and the |
40 | capacity of the industry to offer policies to former Citizens |
41 | Property Insurance Corporation policyholders within existing |
42 | writing ratio limitations. |
43 | (c) The appropriate relationship of rates charged by |
44 | Citizens Property Insurance Corporation to rates charged by |
45 | private insurers, with due consideration for the corporation's |
46 | role as a noncompetitive residual market mechanism. |
47 | (d) The relationships between the exposure of Citizens |
48 | Property Insurance Corporation to catastrophic hurricane losses, |
49 | the corporation's history of purchasing inadequate or no |
50 | reinsurance coverage, and the corporation's lack of adequate |
51 | capital to meet its potential claim obligations without |
52 | incurring large deficits. |
53 | (e) The adverse effects on the people and the economy of |
54 | this state of the large, multiyear deficit assessments by |
55 | Citizens Property Insurance Corporation that may be levied on |
56 | businesses and households in this state, and steps that can be |
57 | taken to reduce those effects. |
58 | (f) The operational implications of the variation in the |
59 | number of policies in force over time in Citizens Property |
60 | Insurance Corporation and the merits of outsourcing some or all |
61 | of its operational responsibilities. |
62 | (g) Changes in the mission and operations of Citizens |
63 | Property Insurance Corporation to reduce or eliminate any |
64 | adverse effect such mission and operations may be having on the |
65 | promotion of sound and economic growth and development of the |
66 | coastal areas of this state. |
67 | (h) Appropriate and consistent geographic boundaries of |
68 | the high-risk account. |
69 | (2) The task force shall be composed of 19 members as |
70 | follows: |
71 | (a) Three members appointed by the Speaker of the House of |
72 | Representatives. |
73 | (b) Three members appointed by the President of the |
74 | Senate. |
75 | (c) Four members appointed by the Governor who are not |
76 | employed by or professionally affiliated with an insurance |
77 | company or a subsidiary of an insurance company, at least two of |
78 | whom must be consumer advocates or members of a consumer |
79 | advocacy organization or agency. |
80 | (d) Nine members appointed as representatives of private |
81 | insurance companies as follows: |
82 | 1. Two members representing two separate insurance |
83 | companies that each provide at least 150,000 homeowner's |
84 | insurance policies in this state at the time of the creation of |
85 | the task force. |
86 | 2. Two members representing two separate insurance |
87 | companies that each provide fewer than 150,000 homeowner's |
88 | insurance policies in this state at the time of the creation of |
89 | the task force. |
90 | 3. Two members representing two separate insurance |
91 | companies among the 10 insurance companies writing the greatest |
92 | amount of commercial multiperil insurance premium in this state |
93 | at the time of the creation of the task force. |
94 | 4. Three members appointed by the Chief Financial Officer |
95 | representing insurance agents in this state. |
96 | |
97 | Of each pair of members appointed under subparagraphs 1., 2., |
98 | and 3., one shall be appointed by the President of the Senate |
99 | and one by the Speaker of the House of Representatives. |
100 | (3) The task force shall conduct research, hold public |
101 | meetings, receive testimony, employ consultants and |
102 | administrative staff, and undertake other activities determined |
103 | by its members to be necessary to complete its responsibilities. |
104 | Citizens Property Insurance Corporation shall have appropriate |
105 | senior staff attend task force meetings, shall respond to |
106 | requests for testimony and data by the task force, shall |
107 | otherwise cooperate with the task force, and shall provide |
108 | funding for the necessary costs of implementing the provisions |
109 | of this section. |
110 | (4) A member of the task force may not delegate his or her |
111 | attendance or voting power to a designee. |
112 | (5) Members of the task force shall serve without |
113 | compensation but are entitled to receive reimbursement for |
114 | travel and per diem as provided in s. 112.061, Florida Statutes. |
115 | (6) The appointments to the task force must be completed |
116 | within 30 calendar days after the effective date of this act, |
117 | and the task force must hold its initial meeting within 1 month |
118 | after appointment of all members. The task force shall expire no |
119 | later than 60 calendar days after submission of the report |
120 | required in subsection (1). |
121 | Section 2. The Chief Financial Officer shall provide a |
122 | report on the economic impact on the state of a 1-in-100-year |
123 | hurricane to the Governor, the President of the Senate, and the |
124 | Speaker of the House of Representatives by March 1 of each year. |
125 | The report shall include an estimate of the short-term and long- |
126 | term fiscal impacts of such a storm on Citizens Property |
127 | Insurance Corporation, the Florida Hurricane Catastrophe Fund, |
128 | the private insurance and reinsurance markets, the state |
129 | economy, and the state debt. The report may also include |
130 | recommendations by the Chief Financial Officer for preparing for |
131 | such a hurricane and reducing the economic impact of such a |
132 | hurricane on the state. In preparing the analysis, the Chief |
133 | Financial Officer shall coordinate with and obtain data from the |
134 | Office of Insurance Regulation, Citizens Property Insurance |
135 | Corporation, the Florida Hurricane Catastrophe Fund, the Florida |
136 | Commission on Hurricane Loss Projection Methodology, the State |
137 | Board of Administration, the Office of Economic and Demographic |
138 | Research, and other state agencies. |
139 | Section 3. This act shall take effect upon becoming a law. |