Florida Senate - 2009 SENATOR AMENDMENT Bill No. CS for CS for SB 1950 Barcode 147230 LEGISLATIVE ACTION Senate . House . . . Floor: 2/RS/2R . 04/24/2009 03:26 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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.;