Florida Senate - 2009                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 1950
       
       
       
       
       
       
                                Barcode 147230                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 2/RS/2R         .                                
             04/24/2009 03:26 PM       .                                
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       Senators Deutch and Richter moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 1167 - 1214
    4  and insert:
    5         (k)Notwithstanding any other provision of this section:
    6         1.It is the intent of the Legislature that the separate
    7  rate filing provided for under this paragraph be reviewed by the
    8  office in an expedited timeframe.
    9         2.An insurer may make a separate filing limited solely to
   10  a rate increase authorized by s. 627.0629(5), plus liquidity
   11  instruments, plus the actual additional cost paid due to the
   12  application of s. 215.555(17)(f), plus the actual additional
   13  cost paid due to the application by the Florida Hurricane
   14  Catastrophe Fund of a cash buildup factor pursuant to s.
   15  215.555(5)(b), if all changes specified in the filing do not
   16  result in an overall premium increase of more than 10 percent
   17  for any individual policyholder. If an insurer purchases a
   18  liquidity instrument or line of credit corresponding to coverage
   19  within the TICL, the cost for the liquidity instrument or line
   20  of credit may be included within the 10 percent overall limit
   21  for the filing if the cost recovery allowed for the liquidity
   22  instrument or line of credit does not exceed an amount that
   23  results in a premium increase of more than 3 percent for any
   24  individual policyholder.
   25         3.An insurer may use only a liquidity instrument or line
   26  of credit for the layers of coverage which exceed the published
   27  claims-paying capacity of the fund. Once the fund achieves
   28  claims-paying capacity to meet its full obligations, the
   29  liquidity instrument or line of credit is not recoverable under
   30  the provisions of this paragraph.
   31         4.Any insurer that purchases reinsurance from an
   32  affiliated company in compliance with this paragraph may do so
   33  only if the costs for such reinsurance are charged at or below
   34  charges made for comparable coverage by nonaffiliated reinsurers
   35  making such coverage available in Florida.
   36         5.An insurer that submits a filing pursuant to this
   37  paragraph shall include a copy of the reinsurance contract,
   38  liquidity instrument contract or line of credit contract, proof
   39  of the billing or payment for the contract, and the calculations
   40  upon which the rate change is based demonstrating that the costs
   41  meet the criteria of this section and are not loaded for
   42  expenses or profit.
   43         6.This paragraph is not applicable to any filing if the
   44  insurer has implemented an increase in its rate within the 6
   45  months preceding the filing. An insurer making a filing pursuant
   46  to this paragraph may not implement any additional rate increase
   47  for the same business for at least 12 months after
   48  implementation of the separate filing.
   49         7.An insurer that elects to implement a rate change under
   50  this paragraph must file its rate filing with the office at
   51  least 40 days before the effective date of the rate change. Once
   52  an insurer submits a complete filing that meets all of the
   53  requirements of this paragraph, the office has 30 days after the
   54  date of the filing to review the rate filing and determine if
   55  the rate is excessive, inadequate, or unfairly discriminatory.
   56  Absent a finding by the office within the 30-day period that the
   57  rate is excessive, inadequate, or unfairly discriminatory, the
   58  filing is deemed approved.
   59         8.An insurer must proceed under other provisions of this
   60  section or other provisions of law if the insurer seeks to
   61  exceed the premium or rate limitations of this paragraph.
   62         9.This paragraph does not limit the authority of the
   63  office to disapprove a rate filing as excessive, inadequate, or
   64  unfairly discriminatory.
   65         10.If an insurer submits a filing that meets all of the
   66  requirements specified in this paragraph, the rate increase
   67  submitted by the insurer shall be presumed correct, unless
   68  demonstrated otherwise by the office.
   69         11.This paragraph does not apply to rate filings for any
   70  insurance other than residential property insurance.
   71  
   72  ================= T I T L E  A M E N D M E N T ================
   73         And the title is amended as follows:
   74         Delete lines 47 - 50
   75  and insert:
   76         use filing; providing legislative intent; authorizing
   77         an insurer to make a separate filing limited solely to
   78         a rate increase authorized by the act if all changes
   79         specified in the filing do not result in an overall
   80         premium increase of more than 10 percent for any
   81         individual policyholder; providing procedures to apply
   82         for the rate filing; providing that the rate filing
   83         applies only to residential property insurance;
   84         amending s. 627.0621, F.S.;