Florida Senate - 2008 SENATOR AMENDMENT
Bill No. CS for CS for SB's 2860 & 1196
340788
Senate
Floor: 6/F/2R
4/10/2008 11:05 AM
.
.
.
.
.
House
1
Senator Lawson moved the following amendment:
2
3
Senate Amendment (with title amendment)
4
Delete lines 1645-1701
5
and insert:
6
5. Effective January 1, 2009, a personal lines residential
7
structure that has a dwelling replacement cost of $1 million or
8
more, or a single condominium unit that has a combined dwelling
9
and content replacement cost of $1 million or more is not
10
eligible for coverage by the corporation. Such dwellings insured
11
by the corporation on December 31, 2008, may continue to be
12
covered by the corporation until the end of the policy term.
13
However, such dwellings that are insured by the corporation and
14
become ineligible for coverage due to the provisions of this
15
subparagraph may reapply and obtain coverage in the high-risk
16
account and be considered "nonhomestead property" if the property
17
owner provides the corporation with a sworn affidavit from one or
18
more insurance agents, on a form provided by the corporation,
19
stating that the agents have made their best efforts to obtain
20
coverage and that the property has been rejected for coverage by
21
at least one authorized insurer and at least three surplus lines
22
insurers. If such conditions are met, the dwelling may be insured
23
by the corporation for up to 3 years, after which time the
24
dwelling is ineligible for coverage. The office shall approve the
25
method used by the corporation for valuing the dwelling
26
replacement cost for the purposes of this subparagraph. If a
27
policyholder is insured by the corporation prior to being
28
determined to be ineligible pursuant to this subparagraph and
29
such policyholder files a lawsuit challenging the determination,
30
the policyholder may remain insured by the corporation until the
31
conclusion of the litigation.
32
6. For properties constructed on or after January 1, 2009,
33
the corporation may not insure any property located within 2,500
34
feet landward of the coastal construction control line created
35
pursuant to s. 161.053 unless the property meets the requirements
36
of the code-plus building standards developed by the Florida
37
Building Commission.
38
7. It is the intent of the Legislature that policyholders,
39
applicants, and agents of the corporation receive service and
40
treatment of the highest possible level but never less than that
41
generally provided in the voluntary market. It also is intended
42
that the corporation be held to service standards no less than
43
those applied to insurers in the voluntary market by the office
44
with respect to responsiveness, timeliness, customer courtesy,
45
and overall dealings with policyholders, applicants, or agents of
46
the corporation.
47
8. Effective January 1, 2009, a personal lines residential
48
structure that is located in the "wind-borne debris region," as
49
defined in s. 1609.2, International Building Code (2006), and
50
that has an insured value on the structure of $750,000 or more is
51
not eligible for coverage by the corporation unless the structure
52
has opening protections as required under the Florida Building
53
Code for a newly constructed residential structure in that area.
54
A residential structure shall be deemed to comply with the
55
requirements of this subparagraph if it has shutters or opening
56
protections on all openings and if such opening protections
57
complied with the Florida Building Code at the time they were
58
installed. Effective January 1, 2011, the requirements of this
59
subparagraph apply to a personal lines residential structure that
60
is located in the wind-borne debris region and that has an
61
insured value on the structure of $500,000 or more.
62
63
================ T I T L E A M E N D M E N T ================
64
And the title is amended as follows:
65
Delete lines 136-139
66
and insert:
67
dwellings as "nonhomestead property"; requiring certain
4/9/2008 4:15:00 PM 6-07169-08
CODING: Words stricken are deletions; words underlined are additions.