CS/HB 269

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


CODING: Words stricken are deletions; words underlined are additions.