| 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. |