Florida Senate - 2008 SENATOR AMENDMENT

Bill No. CS for CS for SB's 2860 & 1196

340788

CHAMBER ACTION

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.