Florida Senate - 2009                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 1950
       
       
       
       
       
       
                                Barcode 577896                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: WD/2R          .                                
             04/27/2009 04:48 PM       .                                
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       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
   51  shall continue to offer policies 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 eligible
   58  to purchase a multiperil policy from the corporation may
   59  purchase a multiperil policy from an authorized insurer without
   60  prejudice to the applicant’s or insured’s eligibility to
   61  prospectively purchase a policy that provides coverage only for
   62  the peril of wind from the corporation. An applicant or insured
   63  who is eligible for a corporation policy that provides coverage
   64  only for the peril of wind may elect to purchase or retain such
   65  policy and also purchase or retain coverage excluding wind from
   66  an authorized insurer without prejudice to the applicant’s or
   67  insured’s eligibility to prospectively purchase a policy that
   68  provides multiperil coverage from the corporation. It is the
   69  goal of the Legislature that there would be an overall average
   70  savings of 10 percent or more for a policyholder who currently
   71  has a wind-only policy with the corporation, and an ex-wind
   72  policy with a voluntary insurer or the corporation, and who then
   73  obtains 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;