Florida Senate - 2009                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 1950
       
       
       
       
       
       
                                Barcode 417826                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 12/F/2R         .                                
             04/27/2009 04:39 PM       .                                
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       Senators Fasano, Crist, Storms, and Lynn moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 110 - 662
    4  and insert:
    5         Section 1. Paragraph (e) of subsection (2), paragraphs (b),
    6  (c), and (d) of subsection (4), and subsection (17) of section
    7  215.555, Florida Statutes, are amended to read:
    8         215.555 Florida Hurricane Catastrophe Fund.—
    9         (2) DEFINITIONS.—As used in this section:
   10         (e) “Retention” means the amount of losses below which an
   11  insurer is not entitled to reimbursement from the fund. An
   12  insurer’s retention shall be calculated as follows:
   13         1. The board shall calculate and report to each insurer the
   14  retention multiples for that year. For the contract year
   15  beginning June 1, 2005, the retention multiple shall be equal to
   16  $4.5 billion divided by the total estimated reimbursement
   17  premium for the contract year; for subsequent years, the
   18  retention multiple shall be equal to $4.5 billion, adjusted
   19  based upon the reported exposure from the prior contract year to
   20  reflect the percentage growth in exposure to the fund for
   21  covered policies since 2004, divided by the total estimated
   22  reimbursement premium for the contract year. Total reimbursement
   23  premium for purposes of the calculation under this subparagraph
   24  shall be estimated using the assumption that all insurers have
   25  selected the 90-percent coverage level. In 2010, the contract
   26  year begins June 1 and ends December 31, 2010. In 2011 and
   27  thereafter, the contract year begins January 1 and ends December
   28  31.
   29         2. The retention multiple as determined under subparagraph
   30  1. shall be adjusted to reflect the coverage level elected by
   31  the insurer. For insurers electing the 90-percent coverage
   32  level, the adjusted retention multiple is 100 percent of the
   33  amount determined under subparagraph 1. For insurers electing
   34  the 75-percent coverage level, the retention multiple is 120
   35  percent of the amount determined under subparagraph 1. For
   36  insurers electing the 45-percent coverage level, the adjusted
   37  retention multiple is 200 percent of the amount determined under
   38  subparagraph 1.
   39         3. An insurer shall determine its provisional retention by
   40  multiplying its provisional reimbursement premium by the
   41  applicable adjusted retention multiple and shall determine its
   42  actual retention by multiplying its actual reimbursement premium
   43  by the applicable adjusted retention multiple.
   44         4. For insurers who experience multiple covered events
   45  causing loss during the contract year, beginning June 1, 2005,
   46  each insurer’s full retention shall be applied to each of the
   47  covered events causing the two largest losses for that insurer.
   48  For each other covered event resulting in losses, the insurer’s
   49  retention shall be reduced to one-third of the full retention.
   50  The reimbursement contract shall provide for the reimbursement
   51  of losses for each covered event based on the full retention
   52  with adjustments made to reflect the reduced retentions on or
   53  after January 1 of the contract year provided the insurer
   54  reports its losses as specified in the reimbursement contract.
   55         (4) REIMBURSEMENT CONTRACTS.—
   56         (b)1. The contract shall contain a promise by the board to
   57  reimburse the insurer for 45 percent, 75 percent, or 90 percent
   58  of its losses from each covered event in excess of the insurer’s
   59  retention, plus 5 percent of the reimbursed losses to cover loss
   60  adjustment expenses.
   61         2. The insurer must elect one of the percentage coverage
   62  levels specified in this paragraph and may, upon renewal of a
   63  reimbursement contract, elect a lower percentage coverage level
   64  if no revenue bonds issued under subsection (6) after a covered
   65  event are outstanding, or elect a higher percentage coverage
   66  level, regardless of whether or not revenue bonds are
   67  outstanding. All members of an insurer group must elect the same
   68  percentage coverage level. Any joint underwriting association,
   69  risk apportionment plan, or other entity created under s.
   70  627.351 must elect the 90-percent coverage level.
   71         3. The contract shall provide that reimbursement amounts
   72  shall not be reduced by reinsurance paid or payable to the
   73  insurer from other sources.
   74         4. Notwithstanding any other provision contained in this
   75  section, the board shall make available to insurers that
   76  purchased coverage provided by this subparagraph in 2008 2007,
   77  insurers qualifying as limited apportionment companies under s.
   78  627.351(6)(c), and insurers that have been approved to
   79  participate in the Insurance Capital Build-Up Incentive Program
   80  pursuant to s. 215.5595 a contract or contract addendum that
   81  provides an additional amount of reimbursement coverage of up to
   82  $10 million. The premium to be charged for this additional
   83  reimbursement coverage shall be 50 percent of the additional
   84  reimbursement coverage provided, which shall include one prepaid
   85  reinstatement. The minimum retention level that an eligible
   86  participating insurer must retain associated with this
   87  additional coverage layer is 30 percent of the insurer’s surplus
   88  as of December 31, 2008 December 31, 2007. This coverage shall
   89  be in addition to all other coverage that may be provided under
   90  this section. The coverage provided by the fund under this
   91  subparagraph shall be in addition to the claims-paying capacity
   92  as defined in subparagraph (c)1., but only with respect to those
   93  insurers that select the additional coverage option and meet the
   94  requirements of this subparagraph. The claims-paying capacity
   95  with respect to all other participating insurers and limited
   96  apportionment companies that do not select the additional
   97  coverage option shall be limited to their reimbursement
   98  premium’s proportionate share of the actual claims-paying
   99  capacity otherwise defined in subparagraph (c)1. and as provided
  100  for under the terms of the reimbursement contract. The optional
  101  coverage retention as specified shall be accessed before the
  102  mandatory coverage under the reimbursement contract, but once
  103  the limit of coverage selected under this option is exhausted,
  104  the insurer’s retention under the mandatory coverage will apply.
  105  This coverage will apply and be paid concurrently with mandatory
  106  coverage. Coverage provided in the reimbursement contract shall
  107  not be affected by the additional premiums paid by participating
  108  insurers exercising the additional coverage option allowed in
  109  this subparagraph. This subparagraph expires on January 1, 2012
  110  May 31, 2009.
  111         (c)1. The contract shall also provide that the obligation
  112  of the board with respect to all contracts covering a particular
  113  contract year shall not exceed the actual claims-paying capacity
  114  of the fund up to a limit of $15 billion for that contract year
  115  adjusted based upon the reported exposure from the prior
  116  contract year to reflect the percentage growth in exposure to
  117  the fund for covered policies since 2003, provided the dollar
  118  growth in the limit may not increase in any year by an amount
  119  greater than the dollar growth of the balance of the fund as of
  120  December 31, less any premiums or interest attributable to
  121  optional coverage, as defined by rule which occurred over the
  122  prior calendar year.
  123         2. In May before the start of the upcoming contract year
  124  and in October of during the contract year, the board shall
  125  publish in the Florida Administrative Weekly a statement of the
  126  fund’s estimated borrowing capacity, the fund’s estimated
  127  claims-paying capacity, and the projected balance of the fund as
  128  of December 31. After the end of each calendar year, the board
  129  shall notify insurers of the estimated borrowing capacity, the
  130  fund’s estimated claims-paying capacity, and the balance of the
  131  fund as of December 31 to provide insurers with data necessary
  132  to assist them in determining their retention and projected
  133  payout from the fund for loss reimbursement purposes. In
  134  conjunction with the development of the premium formula, as
  135  provided for in subsection (5), the board shall publish factors
  136  or multiples that assist insurers in determining their retention
  137  and projected payout for the next contract year. For all
  138  regulatory and reinsurance purposes, an insurer may calculate
  139  its projected payout from the fund as its share of the total
  140  fund premium for the current contract year multiplied by the sum
  141  of the projected balance of the fund as of December 31 and the
  142  estimated borrowing capacity for that contract year as reported
  143  under this subparagraph.
  144         (d)1. For purposes of determining potential liability and
  145  to aid in the sound administration of the fund, the contract
  146  shall require each insurer to report such insurer’s losses from
  147  each covered event on an interim basis, as directed by the
  148  board. The contract shall require the insurer to report to the
  149  board no later than December 31 of each year, and quarterly
  150  thereafter, its reimbursable losses from covered events for the
  151  year. The contract shall require the board to determine and pay,
  152  as soon as practicable after receiving these reports of
  153  reimbursable losses, the initial amount of reimbursement due and
  154  adjustments to this amount based on later loss information. The
  155  adjustments to reimbursement amounts shall require the board to
  156  pay, or the insurer to return, amounts reflecting the most
  157  recent calculation of losses.
  158         2. In determining reimbursements pursuant to this
  159  subsection, the contract shall provide that the board shall pay
  160  to each insurer such insurer’s projected payout, which is the
  161  amount of reimbursement it is owed, up to an amount equal to the
  162  insurer’s share of the actual premium paid for that contract
  163  year, multiplied by the actual claims-paying capacity available
  164  for that contract year.
  165         3.The board may reimburse insurers for amounts up to the
  166  published factors or multiples for determining each
  167  participating insurer’s retention and projected payout derived
  168  as a result of the development of the premium formula in those
  169  situations in which the total reimbursement of losses to such
  170  insurers would not exceed the estimated claims-paying capacity
  171  of the fund. Otherwise, such factors or multiples may be reduced
  172  among all insurers to reflect the estimated claims-paying
  173  capacity.
  174         (17) TEMPORARY INCREASE IN COVERAGE LIMIT OPTIONS.—
  175         (a) Findings and intent.—
  176         1. The Legislature finds that:
  177         a. Because of temporary disruptions in the market for
  178  catastrophic reinsurance, many property insurers were unable to
  179  procure sufficient amounts of reinsurance for the 2006 hurricane
  180  season or were able to procure such reinsurance only by
  181  incurring substantially higher costs than in prior years.
  182         b. The reinsurance market problems were responsible, at
  183  least in part, for substantial premium increases to many
  184  consumers and increases in the number of policies issued by
  185  Citizens Property Insurance Corporation.
  186         c. It is likely that the reinsurance market disruptions
  187  will not significantly abate prior to the 2007 hurricane season.
  188         2. It is the intent of the Legislature to create options
  189  for insurers to purchase a temporary increased coverage limit
  190  above the statutorily determined limit in subparagraph (4)(c)1.,
  191  applicable for the 2007, 2008, and 2009, 2010, 2011, 2012, and
  192  2013 hurricane seasons, to address market disruptions and enable
  193  insurers, at their option, to procure additional coverage from
  194  the Florida Hurricane Catastrophe Fund.
  195         (b) Applicability of other provisions of this section.—All
  196  provisions of this section and the rules adopted under this
  197  section apply to the coverage created by this subsection unless
  198  specifically superseded by provisions in this subsection.
  199         (c) Optional coverage.—For the contract year commencing
  200  June 1, 2007, and ending May 31, 2008, the contract year
  201  commencing June 1, 2008, and ending May 31, 2009, and the
  202  contract year commencing June 1, 2009, and ending May 31, 2010,
  203  the contract year commencing June 1, 2010, and ending December
  204  31, 2010, the contract year commencing January 1, 2011, and
  205  ending December 31, 2011, the contract year commencing January
  206  1, 2012, and ending December 31, 2012, and the contract year
  207  commencing January 1, 2013, and ending December 31, 2013, the
  208  board shall offer, for each of such years, the optional coverage
  209  as provided in this subsection.
  210         (d) Additional definitions.—As used in this subsection, the
  211  term:
  212         1. “FHCF” means Florida Hurricane Catastrophe Fund.
  213         2. “FHCF reimbursement premium” means the premium paid by
  214  an insurer for its coverage as a mandatory participant in the
  215  FHCF, but does not include additional premiums for optional
  216  coverages.
  217         3. “Payout multiple” means the number or multiple created
  218  by dividing the statutorily defined claims-paying capacity as
  219  determined in subparagraph (4)(c)1. by the aggregate
  220  reimbursement premiums paid by all insurers estimated or
  221  projected as of calendar year-end.
  222         4. “TICL” means the temporary increase in coverage limit.
  223         5. “TICL options” means the temporary increase in coverage
  224  options created under this subsection.
  225         6. “TICL insurer” means an insurer that has opted to obtain
  226  coverage under the TICL options addendum in addition to the
  227  coverage provided to the insurer under its FHCF reimbursement
  228  contract.
  229         7. “TICL reimbursement premium” means the premium charged
  230  by the fund for coverage provided under the TICL option.
  231         8. “TICL coverage multiple” means the coverage multiple
  232  when multiplied by an insurer’s reimbursement premium that
  233  defines the temporary increase in coverage limit.
  234         9. “TICL coverage” means the coverage for an insurer’s
  235  losses above the insurer’s statutorily determined claims-paying
  236  capacity based on the claims-paying limit in subparagraph
  237  (4)(c)1., which an insurer selects as its temporary increase in
  238  coverage from the fund under the TICL options selected. A TICL
  239  insurer’s increased coverage limit options shall be calculated
  240  as follows:
  241         a. The board shall calculate and report to each TICL
  242  insurer the TICL coverage multiples based on 12 options for
  243  increasing the insurer’s FHCF coverage limit. Each TICL coverage
  244  multiple shall be calculated by dividing $1 billion, $2 billion,
  245  $3 billion, $4 billion, $5 billion, $6 billion, $7 billion, $8
  246  billion, $9 billion, $10 billion, $11 billion, or $12 billion by
  247  the total estimated aggregate FHCF reimbursement premiums for
  248  the 2007-2008 contract year, and the 2008-2009 contract year,
  249  and the 2009-2010 contract year.
  250         b.For the 2009-2010 contract year, the board shall
  251  calculate and report to each TICL insurer the TICL coverage
  252  multiples based on 10 options for increasing the insurer’s FHCF
  253  coverage limit. Each TICL coverage multiple shall be calculated
  254  by dividing $1 billion, $2 billion, $3 billion, $4 billion, $5
  255  billion, $6 billion, $7 billion, $8 billion, $9 billion, and $10
  256  billion by the total estimated aggregate FHCF reimbursement
  257  premiums for the 2009-2010 contract year.
  258         c.For the contract year beginning June 1, 2010, and ending
  259  December 31, 2010, the board shall calculate and report to each
  260  TICL insurer the TICL coverage multiples based on eight options
  261  for increasing the insurer’s FHCF coverage limit. Each TICL
  262  coverage multiple shall be calculated by dividing $1 billion, $2
  263  billion, $3 billion, $4 billion, $5 billion, $6 billion, $7
  264  billion, and $8 billion by the total estimated aggregate FHCF
  265  reimbursement premiums for the contract year.
  266         d.For the 2011 contract year, the board shall calculate
  267  and report to each TICL insurer the TICL coverage multiples
  268  based on six options for increasing the insurer’s FHCF coverage
  269  limit. Each TICL coverage multiple shall be calculated by
  270  dividing $1 billion, $2 billion, $3 billion, $4 billion, $5
  271  billion, and $6 billion by the total estimated aggregate FHCF
  272  reimbursement premiums for the 2011 contract year.
  273         e.For the 2012 contract year, the board shall calculate
  274  and report to each TICL insurer the TICL coverage multiples
  275  based on four options for increasing the insurer’s FHCF coverage
  276  limit. Each TICL coverage multiple shall be calculated by
  277  dividing $1 billion, $2 billion, $3 billion, and $4 billion by
  278  the total estimated aggregate FHCF reimbursement premiums for
  279  the 2012 contract year.
  280         f.For the 2013 contract year, the board shall calculate
  281  and report to each TICL insurer the TICL coverage multiples
  282  based on two options for increasing the insurer’s FHCF coverage
  283  limit. Each TICL coverage multiple shall be calculated by
  284  dividing $1 billion and $2 billion by the total estimated
  285  aggregate FHCF reimbursement premiums for the 2013 contract
  286  year.
  287         g. b. The TICL insurer’s increased coverage shall be the
  288  FHCF reimbursement premium multiplied by the TICL coverage
  289  multiple. In order to determine an insurer’s total limit of
  290  coverage, an insurer shall add its TICL coverage multiple to its
  291  payout multiple. The total shall represent a number that, when
  292  multiplied by an insurer’s FHCF reimbursement premium for a
  293  given reimbursement contract year, defines an insurer’s total
  294  limit of FHCF reimbursement coverage for that reimbursement
  295  contract year.
  296         10. “TICL options addendum” means an addendum to the
  297  reimbursement contract reflecting the obligations of the fund
  298  and insurers selecting an option to increase an insurer’s FHCF
  299  coverage limit.
  300         (e) TICL options addendum.—
  301         1. The TICL options addendum shall provide for
  302  reimbursement of TICL insurers for covered events occurring
  303  between June 1, 2007, and May 31, 2008, and between June 1,
  304  2008, and May 31, 2009, or between June 1, 2009, and May 31,
  305  2010, between June 1, 2010, and December 31, 2010, between
  306  January 1, 2011, and December 31, 2011, between January 1, 2012,
  307  and December 31, 2012, or between January 1, 2013, and December
  308  31, 2013, in exchange for the TICL reimbursement premium paid
  309  into the fund under paragraph (f). Any insurer writing covered
  310  policies has the option of selecting an increased limit of
  311  coverage under the TICL options addendum and shall select such
  312  coverage at the time that it executes the FHCF reimbursement
  313  contract.
  314         2. The TICL addendum shall contain a promise by the board
  315  to reimburse the TICL insurer for 45 percent, 75 percent, or 90
  316  percent of its losses from each covered event in excess of the
  317  insurer’s retention, plus 5 percent of the reimbursed losses to
  318  cover loss adjustment expenses. The percentage shall be the same
  319  as the coverage level selected by the insurer under paragraph
  320  (4)(b).
  321         3. The TICL addendum shall provide that reimbursement
  322  amounts shall not be reduced by reinsurance paid or payable to
  323  the insurer from other sources.
  324         4. The priorities, schedule, and method of reimbursements
  325  under the TICL addendum shall be the same as provided under
  326  subsection (4).
  327         (f) TICL reimbursement premiums.—Each TICL insurer shall
  328  pay to the fund, in the manner and at the time provided in the
  329  reimbursement contract for payment of reimbursement premiums, a
  330  TICL reimbursement premium determined as specified in subsection
  331  (5).
  332         (g) Effect on claims-paying capacity of the fund.—For the
  333  contract terms commencing June 1, 2007, June 1, 2008, and June
  334  1, 2009, June 1, 2010, January 1, 2011, January 1, 2012, and
  335  January 1, 2013, the program created by this subsection shall
  336  increase the claims-paying capacity of the fund as provided in
  337  subparagraph (4)(c)1. by an amount not to exceed $12 billion and
  338  shall depend on the TICL coverage options selected and the
  339  number of insurers that select the TICL optional coverage. The
  340  additional capacity shall apply only to the additional coverage
  341  provided under the TICL options and shall not otherwise affect
  342  any insurer’s reimbursement from the fund if the insurer chooses
  343  not to select the temporary option to increase its limit of
  344  coverage under the FHCF.
  345         (h)Increasing the claims-paying capacity of the fund.—For
  346  the contract years commencing June 1, 2007, June 1, 2008, and
  347  June 1, 2009, the board may increase the claims-paying capacity
  348  of the fund as provided in paragraph (g) by an amount not to
  349  exceed $4 billion in four $1 billion options and shall depend on
  350  the TICL coverage options selected and the number of insurers
  351  that select the TICL optional coverage. Each insurer’s TICL
  352  premium shall be calculated based upon the additional limit of
  353  increased coverage that the insurer selects. Such limit is
  354  determined by multiplying the TICL multiple associated with one
  355  of the four options times the insurer’s FHCF reimbursement
  356  premium. The reimbursement premium associated with the
  357  additional coverage provided in this paragraph shall be
  358  determined as specified in subsection (5).
  359  
  360  ================= T I T L E  A M E N D M E N T ================
  361         And the title is amended as follows:
  362         Delete lines 22 - 24
  363  and insert:
  364  
  365  Hurricane Catastrophe Fund; authorizing the State