Florida Senate - 2009 SENATOR AMENDMENT Bill No. CS for CS for SB 1950 Barcode 577896 LEGISLATIVE ACTION Senate . House . . . Floor: WD/2R . 04/27/2009 04:48 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senators Fasano, Crist, Storms, and Lynn moved the following: 1 Senate Amendment (with directory and title amendments) 2 3 Between lines 1417 and 1418 4 insert: 5 (b)1. All insurers authorized to write one or more subject 6 lines of business in this state are subject to assessment by the 7 corporation and, for the purposes of this subsection, are 8 referred to collectively as “assessable insurers.” Insurers 9 writing one or more subject lines of business in this state 10 pursuant to part VIII of chapter 626 are not assessable 11 insurers, but insureds who procure one or more subject lines of 12 business in this state pursuant to part VIII of chapter 626 are 13 subject to assessment by the corporation and are referred to 14 collectively as “assessable insureds.” An authorized insurer’s 15 assessment liability shall begin on the first day of the 16 calendar year following the year in which the insurer was issued 17 a certificate of authority to transact insurance for subject 18 lines of business in this state and shall terminate 1 year after 19 the end of the first calendar year during which the insurer no 20 longer holds a certificate of authority to transact insurance 21 for subject lines of business in this state. 22 2.a. All revenues, assets, liabilities, losses, and 23 expenses of the corporation shall be divided into three separate 24 accounts as follows: 25 (I) A personal lines account for personal residential 26 policies issued by the corporation or issued by the Residential 27 Property and Casualty Joint Underwriting Association and renewed 28 by the corporation that provide comprehensive, multiperil 29 coverage on risks that are not located in areas eligible for 30 coverage in the Florida Windstorm Underwriting Association as 31 those areas were defined on January 1, 2002, and for such 32 policies that do not provide coverage for the peril of wind on 33 risks that are located in such areas; 34 (II) A commercial lines account for commercial residential 35 and commercial nonresidential policies issued by the corporation 36 or issued by the Residential Property and Casualty Joint 37 Underwriting Association and renewed by the corporation that 38 provide coverage for basic property perils on risks that are not 39 located in areas eligible for coverage in the Florida Windstorm 40 Underwriting Association as those areas were defined on January 41 1, 2002, and for such policies that do not provide coverage for 42 the peril of wind on risks that are located in such areas; and 43 (III) A high-risk account for personal residential policies 44 and commercial residential and commercial nonresidential 45 property policies issued by the corporation or transferred to 46 the corporation that provide coverage for the peril of wind on 47 risks that are located in areas eligible for coverage in the 48 Florida Windstorm Underwriting Association as those areas were 49 defined on January 1, 2002. The corporation may offer policies 50 that provide multiperil coverage and the corporation may renew 51shall continue to offerpolicies that provide coverage only for 52 the peril of wind for risks located in areas eligible for 53 coverage in the high-risk account. Beginning July 1, 2009, the 54 corporation may not issue new policies that provide coverage for 55 the peril of wind only. In issuing multiperil coverage, the 56 corporation may use its approved policy forms and rates for the 57 personal lines account.An applicant or insured who is eligible58to purchase a multiperil policy from the corporation may59purchase a multiperil policy from an authorized insurer without60prejudice to the applicant’s or insured’s eligibility to61prospectively purchase a policy that provides coverage only for62the peril of wind from the corporation. An applicant or insured63who is eligible for a corporation policy that provides coverage64only for the peril of wind may elect to purchase or retain such65policy and also purchase or retain coverage excluding wind from66an authorized insurer without prejudice to the applicant’s or67insured’s eligibility to prospectively purchase a policy that68provides multiperil coverage from the corporation. It is the69goal of the Legislature that there would be an overall average70savings of 10 percent or more for a policyholder who currently71has a wind-only policy with the corporation, and an ex-wind72policy with a voluntary insurer or the corporation, and who then73obtains a multiperil policy from the corporation.It is the 74 intent of the Legislature that the offer of multiperil coverage 75 in the high-risk account be made and implemented in a manner 76 that does not adversely affect the tax-exempt status of the 77 corporation or creditworthiness of or security for currently 78 outstanding financing obligations or credit facilities of the 79 high-risk account, the personal lines account, or the commercial 80 lines account. The high-risk account must also include quota 81 share primary insurance under subparagraph (c)2. The area 82 eligible for coverage under the high-risk account also includes 83 the area within Port Canaveral, which is bordered on the south 84 by the City of Cape Canaveral, bordered on the west by the 85 Banana River, and bordered on the north by Federal Government 86 property. 87 b. The three separate accounts must be maintained as long 88 as financing obligations entered into by the Florida Windstorm 89 Underwriting Association or Residential Property and Casualty 90 Joint Underwriting Association are outstanding, in accordance 91 with the terms of the corresponding financing documents. When 92 the financing obligations are no longer outstanding, in 93 accordance with the terms of the corresponding financing 94 documents, the corporation may use a single account for all 95 revenues, assets, liabilities, losses, and expenses of the 96 corporation. Consistent with the requirement of this 97 subparagraph and prudent investment policies that minimize the 98 cost of carrying debt, the board shall exercise its best efforts 99 to retire existing debt or to obtain approval of necessary 100 parties to amend the terms of existing debt, so as to structure 101 the most efficient plan to consolidate the three separate 102 accounts into a single account. By February 1, 2007, the board 103 shall submit a report to the Financial Services Commission, the 104 President of the Senate, and the Speaker of the House of 105 Representatives which includes an analysis of consolidating the 106 accounts, the actions the board has taken to minimize the cost 107 of carrying debt, and its recommendations for executing the most 108 efficient plan. 109 c. Creditors of the Residential Property and Casualty Joint 110 Underwriting Association and of the accounts specified in sub 111 sub-subparagraphs a.(I) and (II) may have a claim against, and 112 recourse to, the accounts referred to in sub-sub-subparagraphs 113 a.(I) and (II) and shall have no claim against, or recourse to, 114 the account referred to in sub-sub-subparagraph a.(III). 115 Creditors of the Florida Windstorm Underwriting Association 116 shall have a claim against, and recourse to, the account 117 referred to in sub-sub-subparagraph a.(III) and shall have no 118 claim against, or recourse to, the accounts referred to in sub 119 sub-subparagraphs a.(I) and (II). 120 d. Revenues, assets, liabilities, losses, and expenses not 121 attributable to particular accounts shall be prorated among the 122 accounts. 123 e. The Legislature finds that the revenues of the 124 corporation are revenues that are necessary to meet the 125 requirements set forth in documents authorizing the issuance of 126 bonds under this subsection. 127 f. No part of the income of the corporation may inure to 128 the benefit of any private person. 129 3. With respect to a deficit in an account: 130 a. After accounting for the Citizens policyholder surcharge 131 imposed under sub-subparagraph i., when the remaining projected 132 deficit incurred in a particular calendar year is not greater 133 than 6 percent of the aggregate statewide direct written premium 134 for the subject lines of business for the prior calendar year, 135 the entire deficit shall be recovered through regular 136 assessments of assessable insurers under paragraph (p) and 137 assessable insureds. 138 b. After accounting for the Citizens policyholder surcharge 139 imposed under sub-subparagraph i., when the remaining projected 140 deficit incurred in a particular calendar year exceeds 6 percent 141 of the aggregate statewide direct written premium for the 142 subject lines of business for the prior calendar year, the 143 corporation shall levy regular assessments on assessable 144 insurers under paragraph (p) and on assessable insureds in an 145 amount equal to the greater of 6 percent of the deficit or 6 146 percent of the aggregate statewide direct written premium for 147 the subject lines of business for the prior calendar year. Any 148 remaining deficit shall be recovered through emergency 149 assessments under sub-subparagraph d. 150 c. Each assessable insurer’s share of the amount being 151 assessed under sub-subparagraph a. or sub-subparagraph b. shall 152 be in the proportion that the assessable insurer’s direct 153 written premium for the subject lines of business for the year 154 preceding the assessment bears to the aggregate statewide direct 155 written premium for the subject lines of business for that year. 156 The assessment percentage applicable to each assessable insured 157 is the ratio of the amount being assessed under sub-subparagraph 158 a. or sub-subparagraph b. to the aggregate statewide direct 159 written premium for the subject lines of business for the prior 160 year. Assessments levied by the corporation on assessable 161 insurers under sub-subparagraphs a. and b. shall be paid as 162 required by the corporation’s plan of operation and paragraph 163 (p). Assessments levied by the corporation on assessable 164 insureds under sub-subparagraphs a. and b. shall be collected by 165 the surplus lines agent at the time the surplus lines agent 166 collects the surplus lines tax required by s. 626.932 and shall 167 be paid to the Florida Surplus Lines Service Office at the time 168 the surplus lines agent pays the surplus lines tax to the 169 Florida Surplus Lines Service Office. Upon receipt of regular 170 assessments from surplus lines agents, the Florida Surplus Lines 171 Service Office shall transfer the assessments directly to the 172 corporation as determined by the corporation. 173 d. Upon a determination by the board of governors that a 174 deficit in an account exceeds the amount that will be recovered 175 through regular assessments under sub-subparagraph a. or sub 176 subparagraph b., plus the amount that is expected to be 177 recovered through surcharges under sub-subparagraph i., as to 178 the remaining projected deficit the board shall levy, after 179 verification by the office, emergency assessments, for as many 180 years as necessary to cover the deficits, to be collected by 181 assessable insurers and the corporation and collected from 182 assessable insureds upon issuance or renewal of policies for 183 subject lines of business, excluding National Flood Insurance 184 policies. The amount of the emergency assessment collected in a 185 particular year shall be a uniform percentage of that year’s 186 direct written premium for subject lines of business and all 187 accounts of the corporation, excluding National Flood Insurance 188 Program policy premiums, as annually determined by the board and 189 verified by the office. The office shall verify the arithmetic 190 calculations involved in the board’s determination within 30 191 days after receipt of the information on which the determination 192 was based. Notwithstanding any other provision of law, the 193 corporation and each assessable insurer that writes subject 194 lines of business shall collect emergency assessments from its 195 policyholders without such obligation being affected by any 196 credit, limitation, exemption, or deferment. Emergency 197 assessments levied by the corporation on assessable insureds 198 shall be collected by the surplus lines agent at the time the 199 surplus lines agent collects the surplus lines tax required by 200 s. 626.932 and shall be paid to the Florida Surplus Lines 201 Service Office at the time the surplus lines agent pays the 202 surplus lines tax to the Florida Surplus Lines Service Office. 203 The emergency assessments so collected shall be transferred 204 directly to the corporation on a periodic basis as determined by 205 the corporation and shall be held by the corporation solely in 206 the applicable account. The aggregate amount of emergency 207 assessments levied for an account under this sub-subparagraph in 208 any calendar year may, at the discretion of the board of 209 governors, be less than but may not exceed the greater of 10 210 percent of the amount needed to cover the deficit, plus 211 interest, fees, commissions, required reserves, and other costs 212 associated with financing of the original deficit, or 10 percent 213 of the aggregate statewide direct written premium for subject 214 lines of business and for all accounts of the corporation for 215 the prior year, plus interest, fees, commissions, required 216 reserves, and other costs associated with financing the deficit. 217 e. The corporation may pledge the proceeds of assessments, 218 projected recoveries from the Florida Hurricane Catastrophe 219 Fund, other insurance and reinsurance recoverables, policyholder 220 surcharges and other surcharges, and other funds available to 221 the corporation as the source of revenue for and to secure bonds 222 issued under paragraph (p), bonds or other indebtedness issued 223 under subparagraph (c)3., or lines of credit or other financing 224 mechanisms issued or created under this subsection, or to retire 225 any other debt incurred as a result of deficits or events giving 226 rise to deficits, or in any other way that the board determines 227 will efficiently recover such deficits. The purpose of the lines 228 of credit or other financing mechanisms is to provide additional 229 resources to assist the corporation in covering claims and 230 expenses attributable to a catastrophe. As used in this 231 subsection, the term “assessments” includes regular assessments 232 under sub-subparagraph a., sub-subparagraph b., or subparagraph 233 (p)1. and emergency assessments under sub-subparagraph d. 234 Emergency assessments collected under sub-subparagraph d. are 235 not part of an insurer’s rates, are not premium, and are not 236 subject to premium tax, fees, or commissions; however, failure 237 to pay the emergency assessment shall be treated as failure to 238 pay premium. The emergency assessments under sub-subparagraph d. 239 shall continue as long as any bonds issued or other indebtedness 240 incurred with respect to a deficit for which the assessment was 241 imposed remain outstanding, unless adequate provision has been 242 made for the payment of such bonds or other indebtedness 243 pursuant to the documents governing such bonds or other 244 indebtedness. 245 f. As used in this subsection for purposes of any deficit 246 incurred on or after January 25, 2007, the term “subject lines 247 of business” means insurance written by assessable insurers or 248 procured by assessable insureds for all property and casualty 249 lines of business in this state, but not including workers’ 250 compensation or medical malpractice. As used in the sub 251 subparagraph, the term “property and casualty lines of business” 252 includes all lines of business identified on Form 2, Exhibit of 253 Premiums and Losses, in the annual statement required of 254 authorized insurers by s. 624.424 and any rule adopted under 255 this section, except for those lines identified as accident and 256 health insurance and except for policies written under the 257 National Flood Insurance Program or the Federal Crop Insurance 258 Program. For purposes of this sub-subparagraph, the term 259 “workers’ compensation” includes both workers’ compensation 260 insurance and excess workers’ compensation insurance. 261 g. The Florida Surplus Lines Service Office shall determine 262 annually the aggregate statewide written premium in subject 263 lines of business procured by assessable insureds and shall 264 report that information to the corporation in a form and at a 265 time the corporation specifies to ensure that the corporation 266 can meet the requirements of this subsection and the 267 corporation’s financing obligations. 268 h. The Florida Surplus Lines Service Office shall verify 269 the proper application by surplus lines agents of assessment 270 percentages for regular assessments and emergency assessments 271 levied under this subparagraph on assessable insureds and shall 272 assist the corporation in ensuring the accurate, timely 273 collection and payment of assessments by surplus lines agents as 274 required by the corporation. 275 i. If a deficit is incurred in any account in 2008 or 276 thereafter, the board of governors shall levy a Citizens 277 policyholder surcharge against all policyholders of the 278 corporation for a 12-month period, which shall be collected at 279 the time of issuance or renewal of a policy, as a uniform 280 percentage of the premium for the policy of up to 15 percent of 281 such premium, which funds shall be used to offset the deficit. 282 Citizens policyholder surcharges under this sub-subparagraph are 283 not considered premium and are not subject to commissions, fees, 284 or premium taxes. However, failure to pay such surcharges shall 285 be treated as failure to pay premium. 286 j. If the amount of any assessments or surcharges collected 287 from corporation policyholders, assessable insurers or their 288 policyholders, or assessable insureds exceeds the amount of the 289 deficits, such excess amounts shall be remitted to and retained 290 by the corporation in a reserve to be used by the corporation, 291 as determined by the board of governors and approved by the 292 office, to pay claims or reduce any past, present, or future 293 plan-year deficits or to reduce outstanding debt. 294 295 ====== D I R E C T O R Y C L A U S E A M E N D M E N T ====== 296 And the directory clause is amended as follows: 297 Delete line 1298 298 and insert: 299 Section 6. Paragraphs (a), (b), (c), (m), and (x) of 300 subsection 301 302 ================= T I T L E A M E N D M E N T ================ 303 And the title is amended as follows: 304 Delete line 60 305 and insert: 306 to the prospective purchaser of the property; 307 authorizing Citizens Property Insurance Corporation to 308 renew certain policies; prohibiting the corporation 309 from issuing new policies that provide coverage for 310 the peril of wind only as of a specified date; 311 deleting provisions relating to wind-only coverage;