Florida Senate - 2009                                    SB 1820
       
       
       
       By Senator Fasano
       
       
       
       
       11-01879-09                                           20091820__
    1                        A bill to be entitled                      
    2         An act relating to insurance; amending s. 624.4213,
    3         F.S.; providing penalties for incorrectly marking
    4         information as trade secret; providing for attorney's
    5         fees and costs; amending s. 624.4305, F.S.; limiting
    6         nonrenewals of residential property insurance
    7         policies; amending s. 624.605, F.S.; limiting the
    8         definition of “casualty insurance” by prohibiting
    9         credit property insurance coverage from being issued
   10         on an inland marine policy form; amending s. 625.091,
   11         F.S.; requiring that every insurer approved to offer
   12         large deductibles in workers' compensation policies
   13         obtain collateral from the policyholder; providing
   14         requirements for such collateral; amending s.
   15         626.7451, F.S.; requiring that managing general agents
   16         render accounts to the insurer detailing certain
   17         information and remit all funds due under a contract
   18         within a specified period after collection of such
   19         funds; amending s. 626.9541, F.S.; including on the
   20         list of unfair methods of competition and unfair or
   21         deceptive acts the refusal to insure or continue to
   22         insure an individual or risk solely because of the
   23         fact the individual owns an animal or animals;
   24         authorizing an insurer to ask certain questions and
   25         limit or exclude portions of liability coverage
   26         pertaining to animals; repealing s. 627.0612, F.S.,
   27         relating to administrative proceedings in rating
   28         determinations; amending s. 627.062, F.S.; requiring
   29         that rates be made in accordance with generally
   30         accepted actuarial techniques; requiring that the
   31         Office of Insurance Regulation issue an approval
   32         letter for certain rate filings; requiring that the
   33         office consider certain factors when determining
   34         whether a rate is excessive, inadequate, or unfairly
   35         discriminatory; deleting conditions under which the
   36         office is prohibited from disapproving certain rates
   37         as excessive; revising restrictions on altering a rate
   38         after notification by the office that such rate may be
   39         excessive, inadequate, or unfairly discriminatory;
   40         deleting provisions specifying actions constituting
   41         violations of the insurance code; deleting a
   42         requirement that the office develop a proposed
   43         standard rating territory plan; requiring that the
   44         chief executive officer or the chief financial officer
   45         and the chief actuary of a property insurer certify
   46         certain information which must accompany a rate
   47         filing; deleting a provision requiring that the office
   48         establish that rates are excessive for certain
   49         personal lines residential coverage; amending s.
   50         627.0621, F.S.; requiring that certain insurers and
   51         the office make certain information available on a
   52         public website; requiring that the office provide the
   53         overall rate change approved for any rate filing made
   54         on or after a specified date; revising legislative
   55         intent; amending s. 627.0628, F.S.; revising
   56         legislative findings and intent; revising membership
   57         requirements of the Florida Commission on Hurricane
   58         Loss Projection Methodology; providing for a chair of
   59         the commission; deleting a limitation on the
   60         prohibition of modification of certain rating models;
   61         prohibiting a modeler from submitting more than one
   62         model per filing with the commission; requiring that
   63         each model submitted contain certain information;
   64         amending s. 627.0645, F.S.; exempting commercial
   65         property insurance from certain annual filing
   66         requirements; amending s. 627.0651, F.S.; requiring
   67         that an insurer make a file-and-use filing under
   68         certain circumstances; requiring that the office issue
   69         a notice of intent to disapprove under certain
   70         circumstances; amending s. 627.351, F.S.; requiring
   71         flood insurance for all new and renewal policies
   72         issued by Citizens Property Insurance Corporation for
   73         properties located within a specified area between the
   74         coast and the coastal construction control line;
   75         prohibiting the corporation from insuring such
   76         properties constructed or permitted on or after a
   77         specified date unless such properties have obtained
   78         flood insurance; prohibiting the corporation from
   79         issuing wind-only policies after a specified date;
   80         amending s. 627.3512, F.S.; providing filing
   81         procedures for an insurer or insurer group electing to
   82         recoup an assessment that has been paid; providing for
   83         the calculation, application, and expiration of a
   84         recoupment factor; providing procedures for
   85         recoupment-removal and recoupment-continuation
   86         filings; requiring that such filings include certain
   87         information; requiring an insurer to refund excess
   88         recoupment; prohibiting certain insurers or insurer
   89         groups from including an uncollected assessment as a
   90         component of a subsequent rate filing; prohibiting an
   91         insurer or insurer group discontinuing a line, type,
   92         or subline of business from recouping amounts assessed
   93         against that line, type, or subline; prohibiting such
   94         insurer or insurer group from including an uncollected
   95         assessment as a component of a subsequent rate filing
   96         for other lines, types, or sublines of business;
   97         providing a deadline for filing an initial recoupment;
   98         amending s. 627.706, F.S.; providing that insurers are
   99         not required to issue a notice of nonrenewal to
  100         exclude sinkhole coverage upon the renewal of existing
  101         policies in certain counties or territories;
  102         authorizing insurers to exclude such coverage using a
  103         notice of coverage change; requiring that insurers
  104         continue to offer optional sinkhole coverage for an
  105         appropriate additional premium; providing an effective
  106         date.
  107         
  108  Be It Enacted by the Legislature of the State of Florida:
  109         
  110         Section 1. Section 624.4213, Florida Statutes, is amended
  111  to read:
  112         624.4213 Trade secret documents; abuse of trade secret
  113  protection.—
  114         (1) If any person who is required to submit documents or
  115  other information to the office or department pursuant to the
  116  insurance code or by rule or order of the office, department, or
  117  commission claims that such submission contains a trade secret,
  118  such person may file with the office or department a notice of
  119  trade secret as provided in this section. Failure to do so
  120  constitutes a waiver of any claim by such person that the
  121  document or information is a trade secret.
  122         (a) Each page of such document or specific portion of a
  123  document claimed to be a trade secret must be clearly marked as
  124  “trade secret.”
  125         (b) All material marked as a trade secret must be separated
  126  from all non-trade secret material, such as being submitted in a
  127  separate envelope clearly marked as “trade secret.”
  128         (c) In submitting a notice of trade secret to the office or
  129  department, the submitting party must include an affidavit
  130  certifying under oath to the truth of the following statements
  131  concerning all documents or information that are claimed to be
  132  trade secrets:
  133         1. [I consider/My company considers] this information a
  134  trade secret that has value and provides an advantage or an
  135  opportunity to obtain an advantage over those who do not know or
  136  use it.
  137         2. [I have/My company has] taken measures to prevent the
  138  disclosure of the information to anyone other than those who
  139  have been selected to have access for limited purposes, and [I
  140  intend/my company intends] to continue to take such measures.
  141         3. The information is not, and has not been, reasonably
  142  obtainable without [my/our] consent by other persons by use of
  143  legitimate means.
  144         4. The information is not publicly available elsewhere.
  145         (2) If the office or department receives a public records
  146  request for a document or information that is marked and
  147  certified as a trade secret, the office or department shall
  148  promptly notify the person that certified the document as a
  149  trade secret. The notice shall inform such person that he or she
  150  or his or her company has 30 days following receipt of such
  151  notice to file an action in circuit court seeking a
  152  determination whether the document in question contains trade
  153  secrets and an order barring public disclosure of the document.
  154  If that person or company files an action within 30 days after
  155  receipt of notice of the public records request, the office or
  156  department may not release the documents pending the outcome of
  157  the legal action. The failure to file an action within 30 days
  158  constitutes a waiver of any claim of confidentiality, and the
  159  office or department shall release the document as requested.
  160         (3) The office or department may disclose a trade secret,
  161  together with the claim that it is a trade secret, to an officer
  162  or employee of another governmental agency whose use of the
  163  trade secret is within the scope of his or her employment.
  164         (4)If it is determined by a court or administrative
  165  tribunal that any document or information marked as a trade
  166  secret and submitted to the office, department, or commission
  167  pursuant to this section is not a trade secret, the person or
  168  entity marking such information as a trade secret may be fined
  169  up to $500 for each page of a document or specific portion of a
  170  document that is determined to be incorrectly marked as a trade
  171  secret, plus attorney's fees and costs.
  172         Section 2. Section 624.4305, Florida Statutes, is amended
  173  to read:
  174         624.4305 Nonrenewal of residential property insurance
  175  policies.—
  176         (1) Any insurer planning to nonrenew more than 10,000
  177  residential property insurance policies in this state within a
  178  12-month period shall give notice in writing to the Office of
  179  Insurance Regulation for informational purposes 90 days before
  180  the issuance of any notices of nonrenewal. The notice provided
  181  to the office must set forth the insurer's reasons for such
  182  action, the effective dates of nonrenewal, and any arrangements
  183  made for other insurers to offer coverage to affected
  184  policyholders.
  185         (2)For residential property insurance policies, the total
  186  number of notices of intention not to renew a covered policy and
  187  notices of intention to condition renewal upon reduction of
  188  limits or elimination of any coverages that an insurer may
  189  issue, rounded to the nearest whole number, shall be limited for
  190  each calendar year to 2 percent of the total number of the
  191  insurer's covered policies at the completion of the policy
  192  period in effect at the last year end in each such insurer’s
  193  rating territory in use in this state. However, an insurer may
  194  nonrenew or conditionally renew one policy in any such insurer’s
  195  rating territory in use in this state if the applicable
  196  percentage limitation results in fewer than one policy.
  197         Section 3. Paragraph (j) of subsection (1) of section
  198  624.605, Florida Statutes, is amended to read:
  199         624.605 “Casualty insurance” defined.—
  200         (1) “Casualty insurance” includes:
  201         (j) Credit property insurance.—Credit property insurance is
  202  a limited line of insurance providing coverage on personal
  203  property used as collateral for securing a loan or on personal
  204  property purchased under an installment sales agreement. Credit
  205  property insurance shall not be considered to be property
  206  insurance. The coverage may not shall be issued on an inland
  207  marine policy form, and coverage limits shall be restricted to
  208  the initial amount of the loan or the amount of the installment
  209  sale.
  210         Section 4. Subsection (1) of section 625.091, Florida
  211  Statutes, is amended to read:
  212         625.091 Losses and loss adjustment expense reserves;
  213  liability insurance and workers' compensation insurance.—The
  214  reserve liabilities recorded in the insurer's annual statement
  215  and financial statements for unpaid losses and loss adjustment
  216  expenses shall be the estimated value of its claims when
  217  ultimately settled and shall be computed as follows:
  218         (1) For all liability and workers' compensation claims, the
  219  statement and statutory reserves and loss adjustment expenses
  220  shall be in accordance with the form of the annual statement as
  221  required in s. 624.424, and shall include the computed,
  222  determined, or estimated value of the unpaid reported claims and
  223  loss adjustment expenses, allocated and unallocated, and a
  224  provision for loss and loss adjustment expenses, allocated and
  225  unallocated, that are incurred but not reported. For claims
  226  under liability policies, the reserve for reported claims shall
  227  not be less than $1,000 for each outstanding liability suit.
  228         (a)Each insurer approved to offer large deductibles in its
  229  workers’ compensation policies shall obtain collateral from the
  230  policyholder.
  231         (b)The collateral offered by a policyholder shall equal or
  232  exceed all losses, including case reserves and incurred
  233  reserves, but excluding reported reserves, within the deductible
  234  of a large-deductible policy. A large-deductible policy is a
  235  policy having a deductible equal to or greater than $100,000.
  236         (c)The collateral shall consist only of assets defined in
  237  part I or part II, or clean, irrevocable, unconditional letters
  238  of credit, issued or confirmed by a domestic financial
  239  institution that is regulated, supervised, and examined by
  240  federal or state authorities having regulatory authority over
  241  banks and trust companies, and which are in the possession of,
  242  or in trust for, the insurer.
  243         Section 5. Subsections (2) and (3) of section 626.7451,
  244  Florida Statutes, are amended to read:
  245         626.7451 Managing general agents; required contract
  246  provisions.—No person acting in the capacity of a managing
  247  general agent shall place business with an insurer unless there
  248  is in force a written contract between the parties which sets
  249  forth the responsibility for a particular function, specifies
  250  the division of responsibilities, and contains the following
  251  minimum provisions:
  252         (2) The managing general agent shall render accounts to the
  253  insurer detailing all transactions and remit all funds due under
  254  the terms of the contract to the insurer within 15 working days
  255  after collection, regardless of any dispute on a monthly or more
  256  frequent basis.
  257         (3) All funds collected for the account of the insurer
  258  shall be held by the managing general agent in a fiduciary
  259  capacity in a bank which is a member of the Federal Reserve
  260  System. This account shall be used for all payment as directed
  261  by the insurer. The managing general agent may retain no more
  262  than 30 60 days of estimated claims payments and allocated loss
  263  adjustment expenses.
  264  For the purposes of this section and ss. 626.7453 and 626.7454,
  265  the term “controlling person” or “controlling” has the meaning
  266  set forth in s. 625.012(5)(b)1., and the term “controlled
  267  person” or “controlled” has the meaning set forth in s.
  268  625.012(5)(b)2.
  269         Section 6. Paragraph (x) of subsection (1) of section
  270  626.9541, Florida Statutes, is amended to read:
  271         626.9541 Unfair methods of competition and unfair or
  272  deceptive acts or practices defined.—
  273         (1) UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE
  274  ACTS.—The following are defined as unfair methods of competition
  275  and unfair or deceptive acts or practices:
  276         (x) Refusal to insure.—In addition to other provisions of
  277  this code, the refusal to insure, or continue to insure, any
  278  individual or risk solely because of:
  279         1. Race, color, creed, marital status, sex, or national
  280  origin;
  281         2. The residence, age, or lawful occupation of the
  282  individual or the location of the risk, unless there is a
  283  reasonable relationship between the residence, age, or lawful
  284  occupation of the individual or the location of the risk and the
  285  coverage issued or to be issued;
  286         3. The insured's or applicant's failure to agree to place
  287  collateral business with any insurer, unless the coverage
  288  applied for would provide liability coverage which is excess
  289  over that provided in policies maintained on property or motor
  290  vehicles;
  291         4. The insured's or applicant's failure to purchase
  292  noninsurance services or commodities, including automobile
  293  services as defined in s. 624.124;
  294         5. The fact that the insured or applicant is a public
  295  official; or
  296         6. The fact that the insured or applicant had been
  297  previously refused insurance coverage by any insurer, when such
  298  refusal to insure or continue to insure for this reason occurs
  299  with such frequency as to indicate a general business practice;
  300  or.
  301         7.The fact that the insured or applicant owns an animal or
  302  animals. An insurer may ask underwriting questions regarding the
  303  animal species and history of any bites or aggressive behavior
  304  of the animal or animals owned by the insured or applicant. An
  305  insurer may limit or exclude any portion of the liability
  306  coverage pertaining to animals.
  307         Section 7. Section 627.0612, Florida Statutes, is repealed.
  308         Section 8. Section 627.062, Florida Statutes, is amended to
  309  read:
  310         627.062 Rate standards.—
  311         (1) The rates for all classes of insurance to which the
  312  provisions of this part are applicable shall not be excessive,
  313  inadequate, or unfairly discriminatory and shall be made in
  314  accordance with generally accepted actuarial techniques.
  315         (2) As to all such classes of insurance:
  316         (a) Insurers or rating organizations shall establish and
  317  use rates, rating schedules, or rating manuals to allow the
  318  insurer a reasonable rate of return on such classes of insurance
  319  written in this state. A copy of rates, rating schedules, rating
  320  manuals, premium credits or discount schedules, and surcharge
  321  schedules, and changes thereto, shall be filed with the office
  322  under one of the following procedures except as provided in
  323  subparagraph 3.:
  324         1. If the filing is made at least 90 days before the
  325  proposed effective date and the filing is not implemented during
  326  the office's review of the filing and any proceeding and
  327  judicial review, then such filing shall be considered a “file
  328  and use” filing. In such case, the office shall finalize its
  329  review by issuance of an approval letter a notice of intent to
  330  approve or a notice of intent to disapprove within 90 days after
  331  receipt of the filing. The approval letter notice of intent to
  332  approve and the notice of intent to disapprove constitute agency
  333  action for purposes of the Administrative Procedure Act.
  334  Requests for supporting information, requests for mathematical
  335  or mechanical corrections, or notification to the insurer by the
  336  office of its preliminary findings shall not toll the 90-day
  337  period during any such proceedings and subsequent judicial
  338  review. The rate shall be deemed approved if the office does not
  339  issue an approval letter a notice of intent to approve or a
  340  notice of intent to disapprove within 90 days after receipt of
  341  the filing.
  342         2. If the filing is not made in accordance with the
  343  provisions of subparagraph 1., such filing shall be made as soon
  344  as practicable, but no later than 30 days after the effective
  345  date, and shall be considered a “use and file” filing. An
  346  insurer making a “use and file” filing is potentially subject to
  347  an order by the office to return to policyholders portions of
  348  rates found to be excessive, as provided in paragraph (h).
  349         3. For all property insurance filings made or submitted
  350  after January 25, 2007, but before December 31, 2009, an insurer
  351  seeking a rate that is greater than the rate most recently
  352  approved by the office shall make a “file and use” filing. For
  353  purposes of this subparagraph, motor vehicle collision and
  354  comprehensive coverages are not considered to be property
  355  coverages.
  356         (b) Upon receiving a rate filing, the office shall review
  357  the rate filing to determine if a rate is excessive, inadequate,
  358  or unfairly discriminatory. In making that determination, the
  359  office shall, in accordance with generally accepted and
  360  reasonable actuarial techniques, consider the following factors:
  361         1. Past and prospective loss experience within and without
  362  this state.
  363         2. Past and prospective expenses. For businesses subject to
  364  a reimbursement contract with the Florida Hurricane Catastrophe
  365  Fund, prospective commissions, other acquisition expenses, and
  366  general expenses combined must not exceed 20 percent of the
  367  premium.
  368         3. The degree of competition among insurers for the risk
  369  insured.
  370         4. Investment income reasonably expected by the insurer,
  371  consistent with the insurer's investment practices, from
  372  investable premiums anticipated in the filing, plus any other
  373  expected income from currently invested assets representing the
  374  amount expected on unearned premium reserves and loss reserves.
  375  The commission may adopt rules using reasonable techniques of
  376  actuarial science and economics to specify the manner in which
  377  insurers shall calculate investment income attributable to such
  378  classes of insurance written in this state and the manner in
  379  which such investment income shall be used to calculate
  380  insurance rates. Such manner shall contemplate allowances for an
  381  underwriting profit factor and full consideration of investment
  382  income which produce a reasonable rate of return; however,
  383  investment income from invested surplus may not be considered.
  384         5. The reasonableness of the judgment reflected in the
  385  filing.
  386         6. Dividends, savings, or unabsorbed premium deposits
  387  allowed or returned to Florida policyholders, members, or
  388  subscribers.
  389         7. The adequacy of loss reserves.
  390         8. The cost of reinsurance. The office shall not disapprove
  391  a rate as excessive solely due to the insurer having obtained
  392  catastrophic reinsurance to cover the insurer's estimated 250
  393  year probable maximum loss or any lower level of loss.
  394         a.For businesses subject to a reimbursement contract with
  395  the Florida Hurricane Catastrophe Fund, the following conditions
  396  shall be met:
  397         (I)For reinsurance with unaffiliated companies, excluding
  398  the Florida Hurricane Catastrophe Fund, the annual expected
  399  recoveries must be at least 20 percent of the annual reinsurance
  400  premium.
  401         (II)For reinsurance with affiliated companies, the annual
  402  expected recoveries must be at least 40 percent of the annual
  403  reinsurance premium.
  404         b.Any increase in limit or reduction in retention or any
  405  other increase in reinsurance coverage may not be reflected as
  406  reinsurance cost in the rate filing if such action is taken at
  407  the time of a coverage expansion by the Florida Hurricane
  408  Catastrophe Fund unless required by the office for solvency
  409  reasons.
  410         9. Trend factors, including trends in actual losses per
  411  insured unit for the insurer making the filing.
  412         10. Conflagration and catastrophe hazards, if applicable.
  413         11. Projected hurricane losses, if applicable, which must
  414  be estimated using a model or method found to be acceptable or
  415  reliable by the Florida Commission on Hurricane Loss Projection
  416  Methodology, and as further provided in s. 627.0628.
  417         12. A reasonable margin for underwriting profit and
  418  contingencies.
  419         13. The cost of medical services, if applicable.
  420         14. Other relevant factors which impact upon the frequency
  421  or severity of claims or upon expenses.
  422         (c) In the case of fire insurance rates, consideration
  423  shall be given to the availability of water supplies and the
  424  experience of the fire insurance business during a period of not
  425  less than the most recent 5-year period for which such
  426  experience is available.
  427         (d) If conflagration or catastrophe hazards are given
  428  consideration by an insurer in its rates or rating plan,
  429  including surcharges and discounts, the insurer shall establish
  430  a reserve for that portion of the premium allocated to such
  431  hazard and shall maintain the premium in a catastrophe reserve.
  432  Any removal of such premiums from the reserve for purposes other
  433  than paying claims associated with a catastrophe or purchasing
  434  reinsurance for catastrophes shall be subject to approval of the
  435  office. Any ceding commission received by an insurer purchasing
  436  reinsurance for catastrophes shall be placed in the catastrophe
  437  reserve.
  438         (e) After consideration of the rate factors provided in
  439  paragraphs (b), (c), and (d), a rate may be found by the office
  440  to be excessive, inadequate, or unfairly discriminatory based
  441  upon the following standards:
  442         1. Rates shall be deemed excessive if they are likely to
  443  produce a profit from Florida business that is unreasonably high
  444  in relation to the risk involved in the class of business or if
  445  expenses are unreasonably high in relation to services rendered.
  446         2. Rates shall be deemed excessive if, among other things,
  447  the rate structure established by a stock insurance company
  448  provides for replenishment of surpluses from premiums, when the
  449  replenishment is attributable to investment losses.
  450         3. Rates shall be deemed inadequate if they are clearly
  451  insufficient, together with the investment income attributable
  452  to them, to sustain projected losses and expenses in the class
  453  of business to which they apply.
  454         4. A rating plan, including discounts, credits, or
  455  surcharges, shall be deemed unfairly discriminatory if it fails
  456  to clearly and equitably reflect consideration of the
  457  policyholder's participation in a risk management program
  458  adopted pursuant to s. 627.0625.
  459         5. A rate shall be deemed inadequate as to the premium
  460  charged to a risk or group of risks if discounts or credits are
  461  allowed which exceed a reasonable reflection of expense savings
  462  and reasonably expected loss experience from the risk or group
  463  of risks.
  464         6. A rate shall be deemed unfairly discriminatory as to a
  465  risk or group of risks if the application of premium discounts,
  466  credits, or surcharges among such risks does not bear a
  467  reasonable relationship to the expected loss and expense
  468  experience among the various risks.
  469         (f) In reviewing a rate filing, the office may require the
  470  insurer to provide at the insurer's expense all information
  471  necessary to evaluate the condition of the company and the
  472  reasonableness of the filing according to the criteria
  473  enumerated in this section.
  474         (g) The office may at any time review a rate, rating
  475  schedule, rating manual, or rate change; the pertinent records
  476  of the insurer; and market conditions. If the office finds on a
  477  preliminary basis that a rate may be excessive, inadequate, or
  478  unfairly discriminatory, the office shall initiate proceedings
  479  to disapprove the rate and shall so notify the insurer. However,
  480  the office may not disapprove as excessive any rate for which it
  481  has given final approval or which has been deemed approved for a
  482  period of 1 year after the effective date of the filing unless
  483  the office finds that a material misrepresentation or material
  484  error was made by the insurer or was contained in the filing.
  485  Upon being so notified, the insurer or rating organization
  486  shall, within 60 days, file with the office all information
  487  which, in the belief of the insurer or organization, proves the
  488  reasonableness, adequacy, and fairness of the rate or rate
  489  change. The office shall issue an approval letter a notice of
  490  intent to approve or a notice of intent to disapprove pursuant
  491  to the procedures of paragraph (a) within 90 days after receipt
  492  of the insurer's initial response. In such instances and in any
  493  administrative proceeding relating to the legality of the rate,
  494  the insurer or rating organization shall carry the burden of
  495  proof by a preponderance of the evidence to show that the rate
  496  is not excessive, inadequate, or unfairly discriminatory. After
  497  the office notifies an insurer that a rate may be excessive,
  498  inadequate, or unfairly discriminatory, unless the office
  499  withdraws the notice of intent to disapprove notification, the
  500  insurer shall not alter the rate or submit a new rate filing
  501  affecting the disputed rate, without the office's approval
  502  except to conform with the office's notice until the earlier of
  503  120 days after the date the notification was provided or 180
  504  days after the date of the implementation of the rate. The
  505  office may, subject to chapter 120, disapprove without the 60
  506  day notification any rate increase filed by an insurer within
  507  the prohibited time period or during the time that the legality
  508  of the disputed increased rate is being contested.
  509         (h) In the event the office finds that a rate or rate
  510  change is excessive, inadequate, or unfairly discriminatory, the
  511  office shall issue an order of disapproval specifying that a new
  512  rate or rate schedule which responds to the findings of the
  513  office be filed by the insurer. The office shall further order,
  514  for any “use and file” filing made in accordance with
  515  subparagraph (a)2., that premiums charged each policyholder
  516  constituting the portion of the rate above that which was
  517  actuarially justified be returned to such policyholder in the
  518  form of a credit or refund. If the office finds that an
  519  insurer's rate or rate change is inadequate, the new rate or
  520  rate schedule filed with the office in response to such a
  521  finding shall be applicable only to new or renewal business of
  522  the insurer written on or after the effective date of the
  523  responsive filing.
  524         (i) Except as otherwise specifically provided in this
  525  chapter, the office shall not prohibit any insurer, including
  526  any residual market plan or joint underwriting association, from
  527  paying acquisition costs based on the full amount of premium, as
  528  defined in s. 627.403, applicable to any policy, or prohibit any
  529  such insurer from including the full amount of acquisition costs
  530  in a rate filing.
  531         (j) With respect to residential property insurance rate
  532  filings, the rate filing must account for mitigation measures
  533  undertaken by policyholders to reduce hurricane losses.
  534  The provisions of this subsection shall not apply to workers'
  535  compensation and employer's liability insurance and to motor
  536  vehicle insurance.
  537         (3)(a) For individual risks that are not rated in
  538  accordance with the insurer's rates, rating schedules, rating
  539  manuals, and underwriting rules filed with the office and which
  540  have been submitted to the insurer for individual rating, the
  541  insurer must maintain documentation on each risk subject to
  542  individual risk rating. The documentation must identify the
  543  named insured and specify the characteristics and classification
  544  of the risk supporting the reason for the risk being
  545  individually risk rated, including any modifications to existing
  546  approved forms to be used on the risk. The insurer must maintain
  547  these records for a period of at least 5 years after the
  548  effective date of the policy.
  549         (b) Individual risk rates and modifications to existing
  550  approved forms are not subject to this part or part II, except
  551  for paragraph (a) and ss. 627.402, 627.403, 627.4035, 627.404,
  552  627.405, 627.406, 627.407, 627.4085, 627.409, 627.4132,
  553  627.4133, 627.415, 627.416, 627.417, 627.419, 627.425, 627.426,
  554  627.4265, 627.427, and 627.428, but are subject to all other
  555  applicable provisions of this code and rules adopted thereunder.
  556         (c) This subsection does not apply to private passenger
  557  motor vehicle insurance.
  558         (4)The establishment of any rate, rating classification,
  559  rating plan or schedule, or variation thereof in violation of
  560  part IX of chapter 626 is also in violation of this section. In
  561  order to enhance the ability of consumers to compare premiums
  562  and to increase the accuracy and usefulness of rate-comparison
  563  information provided by the office to the public, the office
  564  shall develop a proposed standard rating territory plan to be
  565  used by all authorized property and casualty insurers for
  566  residential property insurance. In adopting the proposed plan,
  567  the office may consider geographical characteristics relevant to
  568  risk, county lines, major roadways, existing rating territories
  569  used by a significant segment of the market, and other relevant
  570  factors. Such plan shall be submitted to the President of the
  571  Senate and the Speaker of the House of Representatives by
  572  January 15, 2006. The plan may not be implemented unless
  573  authorized by further act of the Legislature.
  574         (4)(5) With respect to a rate filing involving coverage of
  575  the type for which the insurer is required to pay a
  576  reimbursement premium to the Florida Hurricane Catastrophe Fund,
  577  the insurer may fully recoup in its property insurance premiums
  578  any reimbursement premiums paid to the Florida Hurricane
  579  Catastrophe Fund, together with reasonable costs of other
  580  reinsurance, but may not recoup reinsurance costs that duplicate
  581  coverage provided by the Florida Hurricane Catastrophe Fund. An
  582  insurer may not recoup more than 1 year of reimbursement premium
  583  at a time. Any under-recoupment from the prior year may be added
  584  to the following year's reimbursement premium and any over
  585  recoupment shall be subtracted from the following year's
  586  reimbursement premium.
  587         (5)(6)(a) If an insurer requests an administrative hearing
  588  pursuant to s. 120.57 related to a rate filing under this
  589  section, the director of the Division of Administrative Hearings
  590  shall expedite the hearing and assign an administrative law
  591  judge who shall commence the hearing within 30 days after the
  592  receipt of the formal request and shall enter a recommended
  593  order within 30 days after the hearing or within 30 days after
  594  receipt of the hearing transcript by the administrative law
  595  judge, whichever is later. Each party shall be allowed 10 days
  596  in which to submit written exceptions to the recommended order.
  597  The office shall enter a final order within 30 days after the
  598  entry of the recommended order. The provisions of this paragraph
  599  may be waived upon stipulation of all parties.
  600         (b) Upon entry of a final order, the insurer may request a
  601  expedited appellate review pursuant to the Florida Rules of
  602  Appellate Procedure. It is the intent of the Legislature that
  603  the First District Court of Appeal grant an insurer's request
  604  for an expedited appellate review.
  605         (6)(7)(a) The provisions of this subsection apply only with
  606  respect to rates for medical malpractice insurance and shall
  607  control to the extent of any conflict with other provisions of
  608  this section.
  609         (b) Any portion of a judgment entered or settlement paid as
  610  a result of a statutory or common-law bad faith action and any
  611  portion of a judgment entered which awards punitive damages
  612  against an insurer may not be included in the insurer's rate
  613  base, and shall not be used to justify a rate or rate change.
  614  Any common-law bad faith action identified as such, any portion
  615  of a settlement entered as a result of a statutory or common-law
  616  action, or any portion of a settlement wherein an insurer agrees
  617  to pay specific punitive damages may not be used to justify a
  618  rate or rate change. The portion of the taxable costs and
  619  attorney's fees which is identified as being related to the bad
  620  faith and punitive damages in these judgments and settlements
  621  may not be included in the insurer's rate base and may not be
  622  utilized to justify a rate or rate change.
  623         (c) Upon reviewing a rate filing and determining whether
  624  the rate is excessive, inadequate, or unfairly discriminatory,
  625  the office shall consider, in accordance with generally accepted
  626  and reasonable actuarial techniques, past and present
  627  prospective loss experience, either using loss experience solely
  628  for this state or giving greater credibility to this state's
  629  loss data after applying actuarially sound methods of assigning
  630  credibility to such data.
  631         (d) Rates shall be deemed excessive if, among other
  632  standards established by this section, the rate structure
  633  provides for replenishment of reserves or surpluses from
  634  premiums when the replenishment is attributable to investment
  635  losses.
  636         (e) The insurer must apply a discount or surcharge based on
  637  the health care provider's loss experience or shall establish an
  638  alternative method giving due consideration to the provider's
  639  loss experience. The insurer must include in the filing a copy
  640  of the surcharge or discount schedule or a description of the
  641  alternative method used, and must provide a copy of such
  642  schedule or description, as approved by the office, to
  643  policyholders at the time of renewal and to prospective
  644  policyholders at the time of application for coverage.
  645         (f) Each medical malpractice insurer must make a rate
  646  filing under this section, sworn to by at least two executive
  647  officers of the insurer, at least once each calendar year.
  648         (7)(8)(a)1. No later than 60 days after the effective date
  649  of medical malpractice legislation enacted during the 2003
  650  Special Session D of the Florida Legislature, the office shall
  651  calculate a presumed factor that reflects the impact that the
  652  changes contained in such legislation will have on rates for
  653  medical malpractice insurance and shall issue a notice informing
  654  all insurers writing medical malpractice coverage of such
  655  presumed factor. In determining the presumed factor, the office
  656  shall use generally accepted actuarial techniques and standards
  657  provided in this section in determining the expected impact on
  658  losses, expenses, and investment income of the insurer. To the
  659  extent that the operation of a provision of medical malpractice
  660  legislation enacted during the 2003 Special Session D of the
  661  Florida Legislature is stayed pending a constitutional
  662  challenge, the impact of that provision shall not be included in
  663  the calculation of a presumed factor under this subparagraph.
  664         2. No later than 60 days after the office issues its notice
  665  of the presumed rate change factor under subparagraph 1., each
  666  insurer writing medical malpractice coverage in this state shall
  667  submit to the office a rate filing for medical malpractice
  668  insurance, which will take effect no later than January 1, 2004,
  669  and apply retroactively to policies issued or renewed on or
  670  after the effective date of medical malpractice legislation
  671  enacted during the 2003 Special Session D of the Florida
  672  Legislature. Except as authorized under paragraph (b), the
  673  filing shall reflect an overall rate reduction at least as great
  674  as the presumed factor determined under subparagraph 1. With
  675  respect to policies issued on or after the effective date of
  676  such legislation and prior to the effective date of the rate
  677  filing required by this subsection, the office shall order the
  678  insurer to make a refund of the amount that was charged in
  679  excess of the rate that is approved.
  680         (b) Any insurer or rating organization that contends that
  681  the rate provided for in paragraph (a) is excessive, inadequate,
  682  or unfairly discriminatory shall separately state in its filing
  683  the rate it contends is appropriate and shall state with
  684  specificity the factors or data that it contends should be
  685  considered in order to produce such appropriate rate. The
  686  insurer or rating organization shall be permitted to use all of
  687  the generally accepted actuarial techniques provided in this
  688  section in making any filing pursuant to this subsection. The
  689  office shall review each such exception and approve or
  690  disapprove it prior to use. It shall be the insurer's burden to
  691  actuarially justify any deviations from the rates required to be
  692  filed under paragraph (a). The insurer making a filing under
  693  this paragraph shall include in the filing the expected impact
  694  of medical malpractice legislation enacted during the 2003
  695  Special Session D of the Florida Legislature on losses,
  696  expenses, and rates.
  697         (c) If any provision of medical malpractice legislation
  698  enacted during the 2003 Special Session D of the Florida
  699  Legislature is held invalid by a court of competent
  700  jurisdiction, the office shall permit an adjustment of all
  701  medical malpractice rates filed under this section to reflect
  702  the impact of such holding on such rates so as to ensure that
  703  the rates are not excessive, inadequate, or unfairly
  704  discriminatory.
  705         (d) Rates approved on or before July 1, 2003, for medical
  706  malpractice insurance shall remain in effect until the effective
  707  date of a new rate filing approved under this subsection.
  708         (e) The calculation and notice by the office of the
  709  presumed factor pursuant to paragraph (a) is not an order or
  710  rule that is subject to chapter 120. If the office enters into a
  711  contract with an independent consultant to assist the office in
  712  calculating the presumed factor, such contract shall not be
  713  subject to the competitive solicitation requirements of s.
  714  287.057.
  715         (8)(9)(a) The chief executive officer or chief financial
  716  officer of a property insurer and the chief actuary of a
  717  property insurer must certify under oath and subject to the
  718  penalty of perjury, on a form approved by the commission, the
  719  following information, which must accompany a rate filing:
  720         1. The signing officer and actuary have reviewed the rate
  721  filing;
  722         2. Based on the signing officer's and actuary's knowledge,
  723  the rate filing does not contain any untrue statement of a
  724  material fact or omit to state a material fact necessary in
  725  order to make the statements made, in light of the circumstances
  726  under which such statements were made, not misleading, and that
  727  the filing complies with all applicable laws and rules;
  728         3. Based on the signing officer's and actuary's knowledge,
  729  the information and other factors described in paragraph (2)(b),
  730  including, but not limited to, investment income, fairly present
  731  in all material respects the basis of the rate filing for the
  732  periods presented in the filing; and
  733         4. Based on the signing officer's and actuary's knowledge,
  734  the rate filing reflects all premium savings that are reasonably
  735  expected to result from legislative enactments and are in
  736  accordance with generally accepted and reasonable actuarial
  737  techniques; and.
  738         5.Based on the signing officer's and actuary's knowledge,
  739  the rate filing reflects the impact of any nonrenewals that have
  740  occurred since the last annual rate filing or will occur within
  741  the next 12 months following the effective date of this filing.
  742         (b) An insurer and its A signing officer or actuary
  743  knowingly making a false certification under this subsection
  744  commits a violation of s. 626.9541(1)(e) and is subject to the
  745  penalties under s. 626.9521.
  746         (c) Failure to provide such certification by the officer
  747  and actuary shall result in the rate filing being disapproved
  748  without prejudice to be refiled.
  749         (d) The commission may adopt rules and forms pursuant to
  750  ss. 120.536(1) and 120.54 to administer this subsection.
  751         (10)The burden is on the office to establish that rates
  752  are excessive for personal lines residential coverage with a
  753  dwelling replacement cost of $1 million or more or for a single
  754  condominium unit with a combined dwelling and contents
  755  replacement cost of $1 million or more. Upon request of the
  756  office, the insurer shall provide to the office such loss and
  757  expense information as the office reasonably needs to meet this
  758  burden.
  759         (9)(11) Any interest paid pursuant to s. 627.70131(5) may
  760  not be included in the insurer's rate base and may not be used
  761  to justify a rate or rate change.
  762         Section 9. Subsections (2) and (3) of section 627.0621,
  763  Florida Statutes, are amended to read:
  764         627.0621 Transparency in rate regulation.—
  765         (2) WEBSITE FOR PUBLIC ACCESS TO RATE FILING INFORMATION.
  766  With respect to any rate filing made on or after July 1, 2009
  767  July 1, 2008, an insurer making a rate filing that includes rate
  768  level indication and the office shall provide the following
  769  information on a publicly accessible Internet website:
  770         (a) The overall rate change requested by the insurer.
  771         (b) All assumptions made by the insurer's and office's
  772  actuaries.
  773         (c) A statement describing any assumptions or methods that
  774  deviate from the actuarial standards of practice of the Casualty
  775  Actuarial Society or the American Academy of Actuaries,
  776  including an explanation of the nature, rationale, and effect of
  777  the deviation.
  778         (d) All recommendations made by any insurer or office
  779  actuary who certified or reviewed the rate filing.
  780         (e) Certification by the insurer's and office's actuary
  781  that, based on the actuary's knowledge, his or her
  782  recommendations are consistent with accepted actuarial
  783  principles.
  784         (f)The overall rate change approved by the office.
  785         (3)RATE CHANGE.—The office shall also provide the overall
  786  rate change approved for any rate filing made on or after July
  787  1, 2009.
  788         (4)(3) ATTORNEY-CLIENT PRIVILEGE; WORK PRODUCT.—It is the
  789  intent of the Legislature that the principles of the public
  790  records and open meetings laws apply to the assertion of
  791  attorney-client privilege and work product confidentiality by
  792  the office in connection with a challenge to its actions on a
  793  rate filing without providing the insurers an unfair advantage
  794  in any administrative proceeding challenging the office’s
  795  decision regarding a rate filing. Therefore, in any
  796  administrative or judicial proceeding relating to a rate filing,
  797  attorney-client privilege and work product exemptions from
  798  disclosure do not apply to communications with office attorneys
  799  or records prepared by or at the direction of an office attorney
  800  when an insurer agrees to waive its attorney-client privilege
  801  and work-product exemptions from disclosure, except when the
  802  conditions of paragraphs (a) and (b) have been met:
  803         (a) The communication or record reflects a mental
  804  impression, conclusion, litigation strategy, or legal theory of
  805  the attorney or office that was prepared exclusively for civil
  806  or criminal litigation or adversarial administrative
  807  proceedings.
  808         (b) The communication occurred or the record was prepared
  809  after the initiation of an action in a court of competent
  810  jurisdiction, after the issuance of a notice of intent to deny a
  811  rate filing, or after the filing of a request for a proceeding
  812  under ss. 120.569 and 120.57.
  813         Section 10. Paragraph (a) of subsection (1), paragraphs
  814  (b), (c), and (d) of subsection (2), and paragraphs (a) and (d)
  815  of subsection (3) of section 627.0628, Florida Statutes, are
  816  amended, and paragraph (g) is added to subsection (3) of that
  817  section, to read:
  818         627.0628 Florida Commission on Hurricane Loss Projection
  819  Methodology; public records exemption; public meetings
  820  exemption.—
  821         (1) LEGISLATIVE FINDINGS AND INTENT.—
  822         (a) Reliable projections of hurricane losses are necessary
  823  in order to assure that rates for personal residential property
  824  insurance meet the statutory requirement that rates be neither
  825  excessive nor inadequate. The ability to accurately project
  826  hurricane losses has been enhanced greatly in recent years
  827  through the use of computer modeling. It is the public policy of
  828  this state to encourage the use of the most sophisticated
  829  actuarial methods to assure that consumers are charged lawful
  830  rates for personal residential property insurance coverage.
  831         (2) COMMISSION CREATED.—
  832         (b) The commission shall consist of the following 9 11
  833  members:
  834         1.Five members appointed by the Governor.
  835         2.Four members appointed by the Chief Financial Officer.
  836         1.The insurance consumer advocate.
  837         2.The senior employee of the State Board of Administration
  838  responsible for operations of the Florida Hurricane Catastrophe
  839  Fund.
  840         3.The Executive Director of the Citizens Property
  841  Insurance Corporation.
  842         4.The Director of the Division of Emergency Management of
  843  the Department of Community Affairs.
  844         5.The actuary member of the Florida Hurricane Catastrophe
  845  Fund Advisory Council.
  846         6.An employee of the office who is an actuary responsible
  847  for property insurance rate filings and who is appointed by the
  848  director of the office.
  849         7.Five members appointed by the Chief Financial Officer,
  850  as follows:
  851         a.An actuary who is employed full time by a property and
  852  casualty insurer which was responsible for at least 1 percent of
  853  the aggregate statewide direct written premium for homeowner's
  854  insurance in the calendar year preceding the member's
  855  appointment to the commission.
  856         b.An expert in insurance finance who is a full-time member
  857  of the faculty of the State University System and who has a
  858  background in actuarial science.
  859         c.An expert in statistics who is a full-time member of the
  860  faculty of the State University System and who has a background
  861  in insurance.
  862         d.An expert in computer system design who is a full-time
  863  member of the faculty of the State University System.
  864         e.An expert in meteorology who is a full-time member of
  865  the faculty of the State University System and who specializes
  866  in hurricanes.
  867         (c) Members shall serve at the pleasure of the appointing
  868  official. A member may not be a person who may profit personally
  869  or professionally from the work product of the commission
  870  designated under subparagraphs (b)1.-5. shall serve on the
  871  commission as long as they maintain the respective offices
  872  designated in subparagraphs (b)1.-5. The member appointed by the
  873  director of the office under subparagraph (b)6. shall serve on
  874  the commission until the end of the term of office of the
  875  director who appointed him or her, unless removed earlier by the
  876  director for cause. Members appointed by the Chief Financial
  877  Officer under subparagraph (b)7. shall serve on the commission
  878  until the end of the term of office of the Chief Financial
  879  Officer who appointed them, unless earlier removed by the Chief
  880  Financial Officer for cause. Vacancies on the commission shall
  881  be filled in the same manner as the original appointment.
  882         (d) The State Board of Administration shall annually
  883  appoint one of the members of the commission to serve as chair.
  884  Such member shall serve as chair at the pleasure of the State
  885  Board of Administration.
  886         (3) ADOPTION AND EFFECT OF STANDARDS AND GUIDELINES.—
  887         (a) The commission shall consider any actuarial methods,
  888  principles, standards, models, or output ranges that have the
  889  potential for improving the accuracy of or reliability of the
  890  hurricane loss projections used in personal residential property
  891  insurance rate filings. The commission shall, from time to time,
  892  adopt findings as to the accuracy or reliability of particular
  893  methods, principles, standards, models, or output ranges.
  894         (d) With respect to a rate filing under s. 627.062, an
  895  insurer shall employ and may not modify or adjust actuarial
  896  methods, principles, standards, models, or output ranges found
  897  by the commission to be accurate or reliable in determining
  898  hurricane loss factors for use in a rate filing under s.
  899  627.062. An insurer shall employ and may not modify or adjust
  900  models found by the commission to be accurate or reliable in
  901  determining probable maximum loss levels pursuant to paragraph
  902  (b) with respect to a rate filing under s. 627.062 made more
  903  than 60 days after the commission has made such findings.
  904         (g)A modeler may not submit more than one model per filing
  905  with the commission. Each model submitted to the commission
  906  shall contain all historical data and all hurricane sets.
  907         Section 11. Subsection (1) of section 627.0645, Florida
  908  Statutes, is amended to read:
  909         627.0645 Annual filings.—
  910         (1) Each rating organization filing rates for, and each
  911  insurer writing, any line of property or casualty insurance to
  912  which this part applies, except:
  913         (a) Workers' compensation and employer's liability
  914  insurance; or
  915         (b) Commercial property and casualty insurance as defined
  916  in s. 627.0625(1) other than commercial property, commercial
  917  multiple line, and commercial motor vehicle,
  918  shall make an annual base rate filing for each such line with
  919  the office no later than 12 months after its previous base rate
  920  filing, demonstrating that its rates are not inadequate,
  921  excessive, or unfairly discriminatory.
  922         Section 12. Paragraph (c) is added to subsection (1) of
  923  section 627.0651, Florida Statutes, and subsection (11) of that
  924  section is amended, to read:
  925         627.0651 Making and use of rates for motor vehicle
  926  insurance.—
  927         (1) Insurers shall establish and use rates, rating
  928  schedules, or rating manuals to allow the insurer a reasonable
  929  rate of return on motor vehicle insurance written in this state.
  930  A copy of rates, rating schedules, and rating manuals, and
  931  changes therein, shall be filed with the office under one of the
  932  following procedures:
  933         (c)For all motor vehicle insurance filings, an insurer
  934  seeking a rate that is greater than the rate most recently
  935  approved by the office shall make a “file and use” filing.
  936         (11) If In the event the office finds that a rate or rate
  937  change is excessive, inadequate, or unfairly discriminatory, the
  938  office shall issue a notice of intent to disapprove an order of
  939  disapproval specifying that a new rate or rate schedule which
  940  responds to the findings of the office be filed by the insurer.
  941  The office shall further order for any “use and file” filing
  942  made in accordance with paragraph (1)(b), that premiums charged
  943  each policyholder constituting the portion of the rate above
  944  that which was actuarially justified be returned to such
  945  policyholder in the form of a credit or refund. If the office
  946  finds that an insurer's rate or rate change is inadequate, the
  947  new rate or rate schedule filed with the office in response to
  948  such a finding shall be applicable only to new or renewal
  949  business of the insurer written on or after the effective date
  950  of the responsive filing.
  951         Section 13. Paragraphs (a) and (b) of subsection (6) of
  952  section 627.351, Florida Statutes, are amended to read:
  953         627.351 Insurance risk apportionment plans.—
  954         (6) CITIZENS PROPERTY INSURANCE CORPORATION.—
  955         (a)1. It is the public purpose of this subsection to ensure
  956  the existence of an orderly market for property insurance for
  957  Floridians and Florida businesses. The Legislature finds that
  958  private insurers are unwilling or unable to provide affordable
  959  property insurance coverage in this state to the extent sought
  960  and needed. The absence of affordable property insurance
  961  threatens the public health, safety, and welfare and likewise
  962  threatens the economic health of the state. The state therefore
  963  has a compelling public interest and a public purpose to assist
  964  in assuring that property in the state is insured and that it is
  965  insured at affordable rates so as to facilitate the remediation,
  966  reconstruction, and replacement of damaged or destroyed property
  967  in order to reduce or avoid the negative effects otherwise
  968  resulting to the public health, safety, and welfare, to the
  969  economy of the state, and to the revenues of the state and local
  970  governments which are needed to provide for the public welfare.
  971  It is necessary, therefore, to provide affordable property
  972  insurance to applicants who are in good faith entitled to
  973  procure insurance through the voluntary market but are unable to
  974  do so. The Legislature intends by this subsection that
  975  affordable property insurance be provided and that it continue
  976  to be provided, as long as necessary, through Citizens Property
  977  Insurance Corporation, a government entity that is an integral
  978  part of the state, and that is not a private insurance company.
  979  To that end, Citizens Property Insurance Corporation shall
  980  strive to increase the availability of affordable property
  981  insurance in this state, while achieving efficiencies and
  982  economies, and while providing service to policyholders,
  983  applicants, and agents which is no less than the quality
  984  generally provided in the voluntary market, for the achievement
  985  of the foregoing public purposes. Because it is essential for
  986  this government entity to have the maximum financial resources
  987  to pay claims following a catastrophic hurricane, it is the
  988  intent of the Legislature that Citizens Property Insurance
  989  Corporation continue to be an integral part of the state and
  990  that the income of the corporation be exempt from federal income
  991  taxation and that interest on the debt obligations issued by the
  992  corporation be exempt from federal income taxation.
  993         2. The Residential Property and Casualty Joint Underwriting
  994  Association originally created by this statute shall be known,
  995  as of July 1, 2002, as the Citizens Property Insurance
  996  Corporation. The corporation shall provide insurance for
  997  residential and commercial property, for applicants who are in
  998  good faith entitled, but are unable, to procure insurance
  999  through the voluntary market. The corporation shall operate
 1000  pursuant to a plan of operation approved by order of the
 1001  Financial Services Commission. The plan is subject to continuous
 1002  review by the commission. The commission may, by order, withdraw
 1003  approval of all or part of a plan if the commission determines
 1004  that conditions have changed since approval was granted and that
 1005  the purposes of the plan require changes in the plan. The
 1006  corporation shall continue to operate pursuant to the plan of
 1007  operation approved by the Office of Insurance Regulation until
 1008  October 1, 2006. For the purposes of this subsection,
 1009  residential coverage includes both personal lines residential
 1010  coverage, which consists of the type of coverage provided by
 1011  homeowner's, mobile home owner's, dwelling, tenant's,
 1012  condominium unit owner's, and similar policies, and commercial
 1013  lines residential coverage, which consists of the type of
 1014  coverage provided by condominium association, apartment
 1015  building, and similar policies.
 1016         3. Effective January 1, 2009, a personal lines residential
 1017  structure that has a dwelling replacement cost of $2 million or
 1018  more, or a single condominium unit that has a combined dwelling
 1019  and content replacement cost of $2 million or more is not
 1020  eligible for coverage by the corporation. Such dwellings insured
 1021  by the corporation on December 31, 2008, may continue to be
 1022  covered by the corporation until the end of the policy term.
 1023  However, such dwellings that are insured by the corporation and
 1024  become ineligible for coverage due to the provisions of this
 1025  subparagraph may reapply and obtain coverage if the property
 1026  owner provides the corporation with a sworn affidavit from one
 1027  or more insurance agents, on a form provided by the corporation,
 1028  stating that the agents have made their best efforts to obtain
 1029  coverage and that the property has been rejected for coverage by
 1030  at least one authorized insurer and at least three surplus lines
 1031  insurers. If such conditions are met, the dwelling may be
 1032  insured by the corporation for up to 3 years, after which time
 1033  the dwelling is ineligible for coverage. The office shall
 1034  approve the method used by the corporation for valuing the
 1035  dwelling replacement cost for the purposes of this subparagraph.
 1036  If a policyholder is insured by the corporation prior to being
 1037  determined to be ineligible pursuant to this subparagraph and
 1038  such policyholder files a lawsuit challenging the determination,
 1039  the policyholder may remain insured by the corporation until the
 1040  conclusion of the litigation.
 1041         4. It is the intent of the Legislature that policyholders,
 1042  applicants, and agents of the corporation receive service and
 1043  treatment of the highest possible level but never less than that
 1044  generally provided in the voluntary market. It also is intended
 1045  that the corporation be held to service standards no less than
 1046  those applied to insurers in the voluntary market by the office
 1047  with respect to responsiveness, timeliness, customer courtesy,
 1048  and overall dealings with policyholders, applicants, or agents
 1049  of the corporation.
 1050         5. Effective January 1, 2009, a personal lines residential
 1051  structure that is located in the “wind-borne debris region,” as
 1052  defined in s. 1609.2, International Building Code (2006), and
 1053  that has an insured value on the structure of $750,000 or more
 1054  is not eligible for coverage by the corporation unless the
 1055  structure has opening protections as required under the Florida
 1056  Building Code for a newly constructed residential structure in
 1057  that area. A residential structure shall be deemed to comply
 1058  with the requirements of this subparagraph if it has shutters or
 1059  opening protections on all openings and if such opening
 1060  protections complied with the Florida Building Code at the time
 1061  they were installed. Effective January 1, 2010, for personal
 1062  lines residential property insured by the corporation that is
 1063  located in the wind-borne debris region and has an insured value
 1064  on the structure of $500,000 or more, a prospective purchaser of
 1065  any such residential property must be provided by the seller a
 1066  written disclosure that contains the structure's windstorm
 1067  mitigation rating based on the uniform home grading scale
 1068  adopted under s. 215.55865. Such rating shall be provided to the
 1069  purchaser at or before the time the purchaser executes a
 1070  contract for sale and purchase.
 1071         6.Flood insurance is required for all new or renewal
 1072  policies for properties located within the area between the
 1073  coast and 2,500 feet landward of the coastal construction
 1074  control line. For properties constructed or permitted for
 1075  construction on or after January 1, 2010, the corporation may
 1076  not insure such properties located within the area between the
 1077  coast and 2,500 feet landward of the coastal construction
 1078  control line unless such properties have obtained flood
 1079  insurance.
 1080         (b)1. All insurers authorized to write one or more subject
 1081  lines of business in this state are subject to assessment by the
 1082  corporation and, for the purposes of this subsection, are
 1083  referred to collectively as “assessable insurers.” Insurers
 1084  writing one or more subject lines of business in this state
 1085  pursuant to part VIII of chapter 626 are not assessable
 1086  insurers, but insureds who procure one or more subject lines of
 1087  business in this state pursuant to part VIII of chapter 626 are
 1088  subject to assessment by the corporation and are referred to
 1089  collectively as “assessable insureds.” An authorized insurer's
 1090  assessment liability shall begin on the first day of the
 1091  calendar year following the year in which the insurer was issued
 1092  a certificate of authority to transact insurance for subject
 1093  lines of business in this state and shall terminate 1 year after
 1094  the end of the first calendar year during which the insurer no
 1095  longer holds a certificate of authority to transact insurance
 1096  for subject lines of business in this state.
 1097         2.a. All revenues, assets, liabilities, losses, and
 1098  expenses of the corporation shall be divided into three separate
 1099  accounts as follows:
 1100         (I) A personal lines account for personal residential
 1101  policies issued by the corporation or issued by the Residential
 1102  Property and Casualty Joint Underwriting Association and renewed
 1103  by the corporation that provide comprehensive, multiperil
 1104  coverage on risks that are not located in areas eligible for
 1105  coverage in the Florida Windstorm Underwriting Association as
 1106  those areas were defined on January 1, 2002, and for such
 1107  policies that do not provide coverage for the peril of wind on
 1108  risks that are located in such areas;
 1109         (II) A commercial lines account for commercial residential
 1110  and commercial nonresidential policies issued by the corporation
 1111  or issued by the Residential Property and Casualty Joint
 1112  Underwriting Association and renewed by the corporation that
 1113  provide coverage for basic property perils on risks that are not
 1114  located in areas eligible for coverage in the Florida Windstorm
 1115  Underwriting Association as those areas were defined on January
 1116  1, 2002, and for such policies that do not provide coverage for
 1117  the peril of wind on risks that are located in such areas; and
 1118         (III) A high-risk account for personal residential policies
 1119  and commercial residential and commercial nonresidential
 1120  property policies issued by the corporation or transferred to
 1121  the corporation that provide coverage for the peril of wind on
 1122  risks that are located in areas eligible for coverage in the
 1123  Florida Windstorm Underwriting Association as those areas were
 1124  defined on January 1, 2002. The corporation may offer policies
 1125  that provide multiperil coverage and the corporation may renew
 1126  shall continue to offer policies that provide coverage only for
 1127  the peril of wind for risks located in areas eligible for
 1128  coverage in the high-risk account. Beginning July 1, 2009, the
 1129  corporation may not issue new policies providing coverage for
 1130  the peril of wind only. In issuing multiperil coverage, the
 1131  corporation may use its approved policy forms and rates for the
 1132  personal lines account. An applicant or insured who is eligible
 1133  to purchase a multiperil policy from the corporation may
 1134  purchase a multiperil policy from an authorized insurer without
 1135  prejudice to the applicant's or insured's eligibility to
 1136  prospectively purchase a policy that provides coverage only for
 1137  the peril of wind from the corporation. An applicant or insured
 1138  who is eligible for a corporation policy that provides coverage
 1139  only for the peril of wind may elect to purchase or retain such
 1140  policy and also purchase or retain coverage excluding wind from
 1141  an authorized insurer without prejudice to the applicant's or
 1142  insured's eligibility to prospectively purchase a policy that
 1143  provides multiperil coverage from the corporation. It is the
 1144  goal of the Legislature that there would be an overall average
 1145  savings of 10 percent or more for a policyholder who currently
 1146  has a wind-only policy with the corporation, and an ex-wind
 1147  policy with a voluntary insurer or the corporation, and who then
 1148  obtains a multiperil policy from the corporation. It is the
 1149  intent of the Legislature that the offer of multiperil coverage
 1150  in the high-risk account be made and implemented in a manner
 1151  that does not adversely affect the tax-exempt status of the
 1152  corporation or creditworthiness of or security for currently
 1153  outstanding financing obligations or credit facilities of the
 1154  high-risk account, the personal lines account, or the commercial
 1155  lines account. The high-risk account must also include quota
 1156  share primary insurance under subparagraph (c)2. The area
 1157  eligible for coverage under the high-risk account also includes
 1158  the area within Port Canaveral, which is bordered on the south
 1159  by the City of Cape Canaveral, bordered on the west by the
 1160  Banana River, and bordered on the north by Federal Government
 1161  property.
 1162         b. The three separate accounts must be maintained as long
 1163  as financing obligations entered into by the Florida Windstorm
 1164  Underwriting Association or Residential Property and Casualty
 1165  Joint Underwriting Association are outstanding, in accordance
 1166  with the terms of the corresponding financing documents. When
 1167  the financing obligations are no longer outstanding, in
 1168  accordance with the terms of the corresponding financing
 1169  documents, the corporation may use a single account for all
 1170  revenues, assets, liabilities, losses, and expenses of the
 1171  corporation. Consistent with the requirement of this
 1172  subparagraph and prudent investment policies that minimize the
 1173  cost of carrying debt, the board shall exercise its best efforts
 1174  to retire existing debt or to obtain approval of necessary
 1175  parties to amend the terms of existing debt, so as to structure
 1176  the most efficient plan to consolidate the three separate
 1177  accounts into a single account. By February 1, 2007, the board
 1178  shall submit a report to the Financial Services Commission, the
 1179  President of the Senate, and the Speaker of the House of
 1180  Representatives which includes an analysis of consolidating the
 1181  accounts, the actions the board has taken to minimize the cost
 1182  of carrying debt, and its recommendations for executing the most
 1183  efficient plan.
 1184         c. Creditors of the Residential Property and Casualty Joint
 1185  Underwriting Association and of the accounts specified in sub
 1186  sub-subparagraphs a.(I) and (II) may have a claim against, and
 1187  recourse to, the accounts referred to in sub-sub-subparagraphs
 1188  a.(I) and (II) and shall have no claim against, or recourse to,
 1189  the account referred to in sub-sub-subparagraph a.(III).
 1190  Creditors of the Florida Windstorm Underwriting Association
 1191  shall have a claim against, and recourse to, the account
 1192  referred to in sub-sub-subparagraph a.(III) and shall have no
 1193  claim against, or recourse to, the accounts referred to in sub
 1194  sub-subparagraphs a.(I) and (II).
 1195         d. Revenues, assets, liabilities, losses, and expenses not
 1196  attributable to particular accounts shall be prorated among the
 1197  accounts.
 1198         e. The Legislature finds that the revenues of the
 1199  corporation are revenues that are necessary to meet the
 1200  requirements set forth in documents authorizing the issuance of
 1201  bonds under this subsection.
 1202         f. No part of the income of the corporation may inure to
 1203  the benefit of any private person.
 1204         3. With respect to a deficit in an account:
 1205         a. After accounting for the Citizens policyholder surcharge
 1206  imposed under sub-subparagraph i., when the remaining projected
 1207  deficit incurred in a particular calendar year is not greater
 1208  than 6 percent of the aggregate statewide direct written premium
 1209  for the subject lines of business for the prior calendar year,
 1210  the entire deficit shall be recovered through regular
 1211  assessments of assessable insurers under paragraph (p) and
 1212  assessable insureds.
 1213         b. After accounting for the Citizens policyholder surcharge
 1214  imposed under sub-subparagraph i., when the remaining projected
 1215  deficit incurred in a particular calendar year exceeds 6 percent
 1216  of the aggregate statewide direct written premium for the
 1217  subject lines of business for the prior calendar year, the
 1218  corporation shall levy regular assessments on assessable
 1219  insurers under paragraph (p) and on assessable insureds in an
 1220  amount equal to the greater of 6 percent of the deficit or 6
 1221  percent of the aggregate statewide direct written premium for
 1222  the subject lines of business for the prior calendar year. Any
 1223  remaining deficit shall be recovered through emergency
 1224  assessments under sub-subparagraph d.
 1225         c. Each assessable insurer's share of the amount being
 1226  assessed under sub-subparagraph a. or sub-subparagraph b. shall
 1227  be in the proportion that the assessable insurer's direct
 1228  written premium for the subject lines of business for the year
 1229  preceding the assessment bears to the aggregate statewide direct
 1230  written premium for the subject lines of business for that year.
 1231  The assessment percentage applicable to each assessable insured
 1232  is the ratio of the amount being assessed under sub-subparagraph
 1233  a. or sub-subparagraph b. to the aggregate statewide direct
 1234  written premium for the subject lines of business for the prior
 1235  year. Assessments levied by the corporation on assessable
 1236  insurers under sub-subparagraphs a. and b. shall be paid as
 1237  required by the corporation's plan of operation and paragraph
 1238  (p). Assessments levied by the corporation on assessable
 1239  insureds under sub-subparagraphs a. and b. shall be collected by
 1240  the surplus lines agent at the time the surplus lines agent
 1241  collects the surplus lines tax required by s. 626.932 and shall
 1242  be paid to the Florida Surplus Lines Service Office at the time
 1243  the surplus lines agent pays the surplus lines tax to the
 1244  Florida Surplus Lines Service Office. Upon receipt of regular
 1245  assessments from surplus lines agents, the Florida Surplus Lines
 1246  Service Office shall transfer the assessments directly to the
 1247  corporation as determined by the corporation.
 1248         d. Upon a determination by the board of governors that a
 1249  deficit in an account exceeds the amount that will be recovered
 1250  through regular assessments under sub-subparagraph a. or sub
 1251  subparagraph b., plus the amount that is expected to be
 1252  recovered through surcharges under sub-subparagraph i., as to
 1253  the remaining projected deficit the board shall levy, after
 1254  verification by the office, emergency assessments, for as many
 1255  years as necessary to cover the deficits, to be collected by
 1256  assessable insurers and the corporation and collected from
 1257  assessable insureds upon issuance or renewal of policies for
 1258  subject lines of business, excluding National Flood Insurance
 1259  policies. The amount of the emergency assessment collected in a
 1260  particular year shall be a uniform percentage of that year's
 1261  direct written premium for subject lines of business and all
 1262  accounts of the corporation, excluding National Flood Insurance
 1263  Program policy premiums, as annually determined by the board and
 1264  verified by the office. The office shall verify the arithmetic
 1265  calculations involved in the board's determination within 30
 1266  days after receipt of the information on which the determination
 1267  was based. Notwithstanding any other provision of law, the
 1268  corporation and each assessable insurer that writes subject
 1269  lines of business shall collect emergency assessments from its
 1270  policyholders without such obligation being affected by any
 1271  credit, limitation, exemption, or deferment. Emergency
 1272  assessments levied by the corporation on assessable insureds
 1273  shall be collected by the surplus lines agent at the time the
 1274  surplus lines agent collects the surplus lines tax required by
 1275  s. 626.932 and shall be paid to the Florida Surplus Lines
 1276  Service Office at the time the surplus lines agent pays the
 1277  surplus lines tax to the Florida Surplus Lines Service Office.
 1278  The emergency assessments so collected shall be transferred
 1279  directly to the corporation on a periodic basis as determined by
 1280  the corporation and shall be held by the corporation solely in
 1281  the applicable account. The aggregate amount of emergency
 1282  assessments levied for an account under this sub-subparagraph in
 1283  any calendar year may, at the discretion of the board of
 1284  governors, be less than but may not exceed the greater of 10
 1285  percent of the amount needed to cover the deficit, plus
 1286  interest, fees, commissions, required reserves, and other costs
 1287  associated with financing of the original deficit, or 10 percent
 1288  of the aggregate statewide direct written premium for subject
 1289  lines of business and for all accounts of the corporation for
 1290  the prior year, plus interest, fees, commissions, required
 1291  reserves, and other costs associated with financing the deficit.
 1292         e. The corporation may pledge the proceeds of assessments,
 1293  projected recoveries from the Florida Hurricane Catastrophe
 1294  Fund, other insurance and reinsurance recoverables, policyholder
 1295  surcharges and other surcharges, and other funds available to
 1296  the corporation as the source of revenue for and to secure bonds
 1297  issued under paragraph (p), bonds or other indebtedness issued
 1298  under subparagraph (c)3., or lines of credit or other financing
 1299  mechanisms issued or created under this subsection, or to retire
 1300  any other debt incurred as a result of deficits or events giving
 1301  rise to deficits, or in any other way that the board determines
 1302  will efficiently recover such deficits. The purpose of the lines
 1303  of credit or other financing mechanisms is to provide additional
 1304  resources to assist the corporation in covering claims and
 1305  expenses attributable to a catastrophe. As used in this
 1306  subsection, the term “assessments” includes regular assessments
 1307  under sub-subparagraph a., sub-subparagraph b., or subparagraph
 1308  (p)1. and emergency assessments under sub-subparagraph d.
 1309  Emergency assessments collected under sub-subparagraph d. are
 1310  not part of an insurer's rates, are not premium, and are not
 1311  subject to premium tax, fees, or commissions; however, failure
 1312  to pay the emergency assessment shall be treated as failure to
 1313  pay premium. The emergency assessments under sub-subparagraph d.
 1314  shall continue as long as any bonds issued or other indebtedness
 1315  incurred with respect to a deficit for which the assessment was
 1316  imposed remain outstanding, unless adequate provision has been
 1317  made for the payment of such bonds or other indebtedness
 1318  pursuant to the documents governing such bonds or other
 1319  indebtedness.
 1320         f. As used in this subsection for purposes of any deficit
 1321  incurred on or after January 25, 2007, the term “subject lines
 1322  of business” means insurance written by assessable insurers or
 1323  procured by assessable insureds for all property and casualty
 1324  lines of business in this state, but not including workers'
 1325  compensation or medical malpractice. As used in the sub
 1326  subparagraph, the term “property and casualty lines of business”
 1327  includes all lines of business identified on Form 2, Exhibit of
 1328  Premiums and Losses, in the annual statement required of
 1329  authorized insurers by s. 624.424 and any rule adopted under
 1330  this section, except for those lines identified as accident and
 1331  health insurance and except for policies written under the
 1332  National Flood Insurance Program or the Federal Crop Insurance
 1333  Program. For purposes of this sub-subparagraph, the term
 1334  “workers' compensation” includes both workers' compensation
 1335  insurance and excess workers' compensation insurance.
 1336         g. The Florida Surplus Lines Service Office shall determine
 1337  annually the aggregate statewide written premium in subject
 1338  lines of business procured by assessable insureds and shall
 1339  report that information to the corporation in a form and at a
 1340  time the corporation specifies to ensure that the corporation
 1341  can meet the requirements of this subsection and the
 1342  corporation's financing obligations.
 1343         h. The Florida Surplus Lines Service Office shall verify
 1344  the proper application by surplus lines agents of assessment
 1345  percentages for regular assessments and emergency assessments
 1346  levied under this subparagraph on assessable insureds and shall
 1347  assist the corporation in ensuring the accurate, timely
 1348  collection and payment of assessments by surplus lines agents as
 1349  required by the corporation.
 1350         i. If a deficit is incurred in any account in 2008 or
 1351  thereafter, the board of governors shall levy a Citizens
 1352  policyholder surcharge against all policyholders of the
 1353  corporation for a 12-month period, which shall be collected at
 1354  the time of issuance or renewal of a policy, as a uniform
 1355  percentage of the premium for the policy of up to 15 percent of
 1356  such premium, which funds shall be used to offset the deficit.
 1357  Citizens policyholder surcharges under this sub-subparagraph are
 1358  not considered premium and are not subject to commissions, fees,
 1359  or premium taxes. However, failure to pay such surcharges shall
 1360  be treated as failure to pay premium.
 1361         j. If the amount of any assessments or surcharges collected
 1362  from corporation policyholders, assessable insurers or their
 1363  policyholders, or assessable insureds exceeds the amount of the
 1364  deficits, such excess amounts shall be remitted to and retained
 1365  by the corporation in a reserve to be used by the corporation,
 1366  as determined by the board of governors and approved by the
 1367  office, to pay claims or reduce any past, present, or future
 1368  plan-year deficits or to reduce outstanding debt.
 1369         Section 14. Section 627.3512, Florida Statutes, is amended
 1370  to read:
 1371         627.3512 Recoupment of residual market deficit
 1372  assessments.—
 1373         (1) An insurer or insurer group may recoup any assessments
 1374  that have been paid during or after 1995 by the insurer or
 1375  insurer group to defray deficits of an insurance risk
 1376  apportionment plan or assigned risk plan under ss. 627.311 and
 1377  627.351, net of any earnings returned to the insurer or insurer
 1378  group by the association or plan for any year after 1993. A
 1379  limited apportionment company as defined in s. 627.351(6)(c) may
 1380  recoup any regular assessment that has been levied by, or paid
 1381  to, Citizens Property Insurance Corporation.
 1382         (2)If an insurer or insurer group elects to recoup an
 1383  assessment that has been paid, the following filing procedures
 1384  shall apply:
 1385         (a)The insurer or insurer group shall submit an initial
 1386  recoupment filing to the office within 180 days after the date
 1387  of the assessment as indicated on the invoice received by the
 1388  insurer or insurer group. Failure to submit the filing within
 1389  180 days shall result in the inability to recoup the amount
 1390  assessed.
 1391         (b)The initial recoupment filing shall be submitted on a
 1392  file-and-use basis, pursuant to s. 627.062 or s. 627.0651 and
 1393  subsection (10).
 1394         (c)The initial recoupment filing shall include the
 1395  following:
 1396         1.A copy of the invoice received from the corporation and
 1397  proof of payment.
 1398         2.A 1-year direct written premium projection for that line
 1399  or type of business as defined in s. 624.6012 and subject to the
 1400  assessment, including supporting documentation. The dates of the
 1401  1-year direct written premium projection shall coincide with the
 1402  proposed effective dates of the initial recoupment filing.
 1403         3.A manual page listing the initial recoupment factor and
 1404  explaining how such recoupment factor is applied.
 1405         (d)The initial recoupment factor shall be calculated by
 1406  dividing the assessment amount for that line or type of business
 1407  by the projected 1-year direct written premium for that line or
 1408  type of business.
 1409         (3)For purposes of calculating a The recoupment shall be
 1410  made by applying a separate assessment factor, on policies of
 1411  the same line or type as were considered by the residual markets
 1412  in determining the assessment liability of the insurer or
 1413  insurer group. an insurer or insurer group may combine all shall
 1414  calculate a separate assessment factor for personal lines of
 1415  business or all and commercial lines of business. An insurer or
 1416  insurer group may not combine personal and commercial lines of
 1417  business. The recoupment separate assessment factor shall
 1418  provide for full recoupment of the assessments over a period of
 1419  1 year, unless the insurer or insurer group, at its option,
 1420  elects to recoup the assessments over a longer period. The
 1421  recoupment assessment factor expires upon collection of the full
 1422  amount allowed to be recouped or at the end of the 1-year
 1423  period, whichever occurs first. Amounts recouped under this
 1424  section are not subject to premium taxes, fees, or commissions.
 1425         (4)(2) The recoupment assessment factor may must not be
 1426  more than 2 3 percentage points above the ratio of the deficit
 1427  assessment to the Florida direct written premium for policies
 1428  for the lines or types of business as to which the assessment
 1429  was calculated, as written in the year the deficit assessment
 1430  was paid. If an insurer or insurer group fails to collect the
 1431  full amount of the deficit assessment, the insurer or insurer
 1432  group may must carry forward the amount of the deficit and
 1433  adjust the deficit assessment to be recouped in the next a
 1434  subsequent year by that amount.
 1435         (5)A recoupment-removal filing shall be submitted to the
 1436  office to stop the recoupment process. The following filing
 1437  procedures shall apply to the recoupment-removal filing:
 1438         (a)The filing may be submitted on a file-and-use basis or
 1439  use-and-file basis as provided in s. 627.062 or s. 627.0651.
 1440         (b)The filing shall include the following:
 1441         1.A copy of the exhibit used to show the calculation of
 1442  the factor originally approved in the initial recoupment filing,
 1443  including the effective dates of the policy.
 1444         2.An exhibit showing the direct written premium and
 1445  associated recoupment amounts received by month for the entire
 1446  recoupment period.
 1447         3.A manual page indicating that the recoupment factor no
 1448  longer applies.
 1449         (6)If the insurer or insurer group elects to continue the
 1450  recoupment process for an additional year, the following filing
 1451  procedures shall apply:
 1452         (a)The recoupment-continuation filing may be submitted on
 1453  a file-and-use basis or use-and-file basis as provided in s.
 1454  627.062 or s. 627.0651. The recoupment-continuation filing does
 1455  not result in a gap between the application of the approved
 1456  initial recoupment factor and the application of the recoupment
 1457  continuation factor. If the initial recoupment filing used a
 1458  combination of lines or types of business to compute a
 1459  recoupment factor, those same lines or types of business
 1460  combinations shall be used again to compute the recoupment
 1461  continuation factor.
 1462         (b)The recoupment-continuation filing shall include the
 1463  following:
 1464         1.A copy of the exhibit used to show the calculation of
 1465  the factor approved in the initial recoupment filing, including
 1466  the effective dates of the policy.
 1467         2.An exhibit showing the direct written premium and
 1468  associated recoupment amounts received by month for the entire
 1469  initial recoupment period.
 1470         3.A subsequent 1-year direct written premium projection
 1471  for that line or type of business as defined in s. 624.6012 and
 1472  subject to the assessment, including supporting documentation.
 1473  The dates of the subsequent 1-year direct written premium
 1474  projection shall coincide with the proposed effective dates of
 1475  the recoupment-continuation filing.
 1476         4.The recoupment-continuation factor, which shall be
 1477  calculated by dividing the remaining uncollected assessment
 1478  amount for that line or type of business by the projected 1-year
 1479  direct written premium for that line or type of business.
 1480         5.A manual page listing the recoupment-continuation factor
 1481  and explaining how such factor is to be applied.
 1482         (c)Recoupment-continuation filings are subject to
 1483  subsections (3), (4), and (5).
 1484         (7)If an insurer or insurer group over-recoups any
 1485  assessment it has paid, it shall refund the over-recoupment
 1486  amount to its policyholders. The refund process shall be
 1487  monitored by the office. The administrative costs to accomplish
 1488  such refund may not be included as any component in any
 1489  subsequent rate filing required by s. 627.062 or s. 627.0651.
 1490         (8)Any insurer or insurer group that does not elect to use
 1491  the process described in subsection (7) to recoup an assessment
 1492  amount that it has paid may not include an uncollected
 1493  assessment amount as a component in any subsequent rate filing
 1494  required by s. 627.062 or s. 627.0651.
 1495         (9)An insurer or insurer group that discontinues a line or
 1496  type of business or subline within a line or type of business
 1497  may not recoup amounts assessed against that line, type, or
 1498  subline from policyholders under different lines, types, or
 1499  sublines of business. The assessment amounts attributable to the
 1500  discontinued line, type, or subline of business shall remain
 1501  uncollected. The uncollected assessment amount may not be
 1502  included in any component in any subsequent rate filing for
 1503  other lines, types, or sublines of business as required by s.
 1504  627.062 or s. 627.0651
 1505         (10)(3) The initial recoupment shall be filed insurer or
 1506  insurer group shall file with the office a statement setting
 1507  forth the amount of the assessment factor and an explanation of
 1508  how the factor will be applied, at least 45 15 days before prior
 1509  to the factor is being applied to any policies. The statement
 1510  shall include documentation of the assessment paid by the
 1511  insurer or insurer group and the arithmetic calculations
 1512  supporting the assessment factor. The office shall complete its
 1513  review within 15 days after receipt of the filing and shall
 1514  limit its review to verification of the arithmetic calculations.
 1515  The insurer or insurer group may use the assessment factor at
 1516  any time after the expiration of the 15-day period unless the
 1517  office has notified the insurer or insurer group in writing that
 1518  the arithmetic calculations are incorrect.
 1519         (11)(4) The commission may adopt rules to implement this
 1520  section.
 1521         Section 15. Subsection (5) is added to section 627.706,
 1522  Florida Statutes, to read:
 1523         627.706 Sinkhole insurance; catastrophic ground cover
 1524  collapse; definitions.—
 1525         (5)Insurers are not required to issue a notice of
 1526  nonrenewal to exclude sinkhole coverage upon the renewal of
 1527  existing policies in one or more counties or other territories
 1528  as determined by the office. Insurers may exclude such coverage
 1529  using a notice of coverage change. Insurers shall continue to
 1530  offer optional sinkhole coverage for an appropriate additional
 1531  premium.
 1532         Section 16. This act shall take effect July 1, 2009.