Florida Senate - 2009                                    SB 2146
       
       
       
       By Senator Gardiner
       
       
       
       
       9-00842A-09                                           20092146__
    1                        A bill to be entitled                      
    2         An act relating to Citizens Property Insurance
    3         Corporation; amending s. 627.351, F.S.; redefining the
    4         term “subject lines of business” for purposes of
    5         insurance risk apportionment; providing an effective
    6         date.
    7  
    8  Be It Enacted by the Legislature of the State of Florida:
    9  
   10         Section 1. Paragraph (b) of subsection (6) of section
   11  627.351, Florida Statutes, is amended to read:
   12         627.351 Insurance risk apportionment plans.—
   13         (6) CITIZENS PROPERTY INSURANCE CORPORATION.—
   14         (b)1. All insurers authorized to write one or more subject
   15  lines of business in this state are subject to assessment by the
   16  corporation and, for the purposes of this subsection, are
   17  referred to collectively as “assessable insurers.” Insurers
   18  writing one or more subject lines of business in this state
   19  pursuant to part VIII of chapter 626 are not assessable
   20  insurers, but insureds who procure one or more subject lines of
   21  business in this state pursuant to part VIII of chapter 626 are
   22  subject to assessment by the corporation and are referred to
   23  collectively as “assessable insureds.” An authorized insurer's
   24  assessment liability shall begin on the first day of the
   25  calendar year following the year in which the insurer was issued
   26  a certificate of authority to transact insurance for subject
   27  lines of business in this state and shall terminate 1 year after
   28  the end of the first calendar year during which the insurer no
   29  longer holds a certificate of authority to transact insurance
   30  for subject lines of business in this state.
   31         2.a. All revenues, assets, liabilities, losses, and
   32  expenses of the corporation shall be divided into three separate
   33  accounts as follows:
   34         (I) A personal lines account for personal residential
   35  policies issued by the corporation or issued by the Residential
   36  Property and Casualty Joint Underwriting Association and renewed
   37  by the corporation that provide comprehensive, multiperil
   38  coverage on risks that are not located in areas eligible for
   39  coverage in the Florida Windstorm Underwriting Association as
   40  those areas were defined on January 1, 2002, and for such
   41  policies that do not provide coverage for the peril of wind on
   42  risks that are located in such areas;
   43         (II) A commercial lines account for commercial residential
   44  and commercial nonresidential policies issued by the corporation
   45  or issued by the Residential Property and Casualty Joint
   46  Underwriting Association and renewed by the corporation that
   47  provide coverage for basic property perils on risks that are not
   48  located in areas eligible for coverage in the Florida Windstorm
   49  Underwriting Association as those areas were defined on January
   50  1, 2002, and for such policies that do not provide coverage for
   51  the peril of wind on risks that are located in such areas; and
   52         (III) A high-risk account for personal residential policies
   53  and commercial residential and commercial nonresidential
   54  property policies issued by the corporation or transferred to
   55  the corporation that provide coverage for the peril of wind on
   56  risks that are located in areas eligible for coverage in the
   57  Florida Windstorm Underwriting Association as those areas were
   58  defined on January 1, 2002. The corporation may offer policies
   59  that provide multiperil coverage and the corporation shall
   60  continue to offer policies that provide coverage only for the
   61  peril of wind for risks located in areas eligible for coverage
   62  in the high-risk account. In issuing multiperil coverage, the
   63  corporation may use its approved policy forms and rates for the
   64  personal lines account. An applicant or insured who is eligible
   65  to purchase a multiperil policy from the corporation may
   66  purchase a multiperil policy from an authorized insurer without
   67  prejudice to the applicant's or insured's eligibility to
   68  prospectively purchase a policy that provides coverage only for
   69  the peril of wind from the corporation. An applicant or insured
   70  who is eligible for a corporation policy that provides coverage
   71  only for the peril of wind may elect to purchase or retain such
   72  policy and also purchase or retain coverage excluding wind from
   73  an authorized insurer without prejudice to the applicant's or
   74  insured's eligibility to prospectively purchase a policy that
   75  provides multiperil coverage from the corporation. It is the
   76  goal of the Legislature that there would be an overall average
   77  savings of 10 percent or more for a policyholder who currently
   78  has a wind-only policy with the corporation, and an ex-wind
   79  policy with a voluntary insurer or the corporation, and who then
   80  obtains a multiperil policy from the corporation. It is the
   81  intent of the Legislature that the offer of multiperil coverage
   82  in the high-risk account be made and implemented in a manner
   83  that does not adversely affect the tax-exempt status of the
   84  corporation or creditworthiness of or security for currently
   85  outstanding financing obligations or credit facilities of the
   86  high-risk account, the personal lines account, or the commercial
   87  lines account. The high-risk account must also include quota
   88  share primary insurance under subparagraph (c)2. The area
   89  eligible for coverage under the high-risk account also includes
   90  the area within Port Canaveral, which is bordered on the south
   91  by the City of Cape Canaveral, bordered on the west by the
   92  Banana River, and bordered on the north by Federal Government
   93  property.
   94         b. The three separate accounts must be maintained as long
   95  as financing obligations entered into by the Florida Windstorm
   96  Underwriting Association or Residential Property and Casualty
   97  Joint Underwriting Association are outstanding, in accordance
   98  with the terms of the corresponding financing documents. When
   99  the financing obligations are no longer outstanding, in
  100  accordance with the terms of the corresponding financing
  101  documents, the corporation may use a single account for all
  102  revenues, assets, liabilities, losses, and expenses of the
  103  corporation. Consistent with the requirement of this
  104  subparagraph and prudent investment policies that minimize the
  105  cost of carrying debt, the board shall exercise its best efforts
  106  to retire existing debt or to obtain approval of necessary
  107  parties to amend the terms of existing debt, so as to structure
  108  the most efficient plan to consolidate the three separate
  109  accounts into a single account. By February 1, 2007, the board
  110  shall submit a report to the Financial Services Commission, the
  111  President of the Senate, and the Speaker of the House of
  112  Representatives which includes an analysis of consolidating the
  113  accounts, the actions the board has taken to minimize the cost
  114  of carrying debt, and its recommendations for executing the most
  115  efficient plan.
  116         c. Creditors of the Residential Property and Casualty Joint
  117  Underwriting Association and of the accounts specified in sub
  118  sub-subparagraphs a.(I) and (II) may have a claim against, and
  119  recourse to, the accounts referred to in sub-sub-subparagraphs
  120  a.(I) and (II) and shall have no claim against, or recourse to,
  121  the account referred to in sub-sub-subparagraph a.(III).
  122  Creditors of the Florida Windstorm Underwriting Association
  123  shall have a claim against, and recourse to, the account
  124  referred to in sub-sub-subparagraph a.(III) and shall have no
  125  claim against, or recourse to, the accounts referred to in sub
  126  sub-subparagraphs a.(I) and (II).
  127         d. Revenues, assets, liabilities, losses, and expenses not
  128  attributable to particular accounts shall be prorated among the
  129  accounts.
  130         e. The Legislature finds that the revenues of the
  131  corporation are revenues that are necessary to meet the
  132  requirements set forth in documents authorizing the issuance of
  133  bonds under this subsection.
  134         f. No part of the income of the corporation may inure to
  135  the benefit of any private person.
  136         3. With respect to a deficit in an account:
  137         a. After accounting for the Citizens policyholder surcharge
  138  imposed under sub-subparagraph i., when the remaining projected
  139  deficit incurred in a particular calendar year is not greater
  140  than 6 percent of the aggregate statewide direct written premium
  141  for the subject lines of business for the prior calendar year,
  142  the entire deficit shall be recovered through regular
  143  assessments of assessable insurers under paragraph (p) and
  144  assessable insureds.
  145         b. After accounting for the Citizens policyholder surcharge
  146  imposed under sub-subparagraph i., when the remaining projected
  147  deficit incurred in a particular calendar year exceeds 6 percent
  148  of the aggregate statewide direct written premium for the
  149  subject lines of business for the prior calendar year, the
  150  corporation shall levy regular assessments on assessable
  151  insurers under paragraph (p) and on assessable insureds in an
  152  amount equal to the greater of 6 percent of the deficit or 6
  153  percent of the aggregate statewide direct written premium for
  154  the subject lines of business for the prior calendar year. Any
  155  remaining deficit shall be recovered through emergency
  156  assessments under sub-subparagraph d.
  157         c. Each assessable insurer's share of the amount being
  158  assessed under sub-subparagraph a. or sub-subparagraph b. shall
  159  be in the proportion that the assessable insurer's direct
  160  written premium for the subject lines of business for the year
  161  preceding the assessment bears to the aggregate statewide direct
  162  written premium for the subject lines of business for that year.
  163  The assessment percentage applicable to each assessable insured
  164  is the ratio of the amount being assessed under sub-subparagraph
  165  a. or sub-subparagraph b. to the aggregate statewide direct
  166  written premium for the subject lines of business for the prior
  167  year. Assessments levied by the corporation on assessable
  168  insurers under sub-subparagraphs a. and b. shall be paid as
  169  required by the corporation's plan of operation and paragraph
  170  (p). Assessments levied by the corporation on assessable
  171  insureds under sub-subparagraphs a. and b. shall be collected by
  172  the surplus lines agent at the time the surplus lines agent
  173  collects the surplus lines tax required by s. 626.932 and shall
  174  be paid to the Florida Surplus Lines Service Office at the time
  175  the surplus lines agent pays the surplus lines tax to the
  176  Florida Surplus Lines Service Office. Upon receipt of regular
  177  assessments from surplus lines agents, the Florida Surplus Lines
  178  Service Office shall transfer the assessments directly to the
  179  corporation as determined by the corporation.
  180         d. Upon a determination by the board of governors that a
  181  deficit in an account exceeds the amount that will be recovered
  182  through regular assessments under sub-subparagraph a. or sub
  183  subparagraph b., plus the amount that is expected to be
  184  recovered through surcharges under sub-subparagraph i., as to
  185  the remaining projected deficit the board shall levy, after
  186  verification by the office, emergency assessments, for as many
  187  years as necessary to cover the deficits, to be collected by
  188  assessable insurers and the corporation and collected from
  189  assessable insureds upon issuance or renewal of policies for
  190  subject lines of business, excluding National Flood Insurance
  191  policies. The amount of the emergency assessment collected in a
  192  particular year shall be a uniform percentage of that year's
  193  direct written premium for subject lines of business and all
  194  accounts of the corporation, excluding National Flood Insurance
  195  Program policy premiums, as annually determined by the board and
  196  verified by the office. The office shall verify the arithmetic
  197  calculations involved in the board's determination within 30
  198  days after receipt of the information on which the determination
  199  was based. Notwithstanding any other provision of law, the
  200  corporation and each assessable insurer that writes subject
  201  lines of business shall collect emergency assessments from its
  202  policyholders without such obligation being affected by any
  203  credit, limitation, exemption, or deferment. Emergency
  204  assessments levied by the corporation on assessable insureds
  205  shall be collected by the surplus lines agent at the time the
  206  surplus lines agent collects the surplus lines tax required by
  207  s. 626.932 and shall be paid to the Florida Surplus Lines
  208  Service Office at the time the surplus lines agent pays the
  209  surplus lines tax to the Florida Surplus Lines Service Office.
  210  The emergency assessments so collected shall be transferred
  211  directly to the corporation on a periodic basis as determined by
  212  the corporation and shall be held by the corporation solely in
  213  the applicable account. The aggregate amount of emergency
  214  assessments levied for an account under this sub-subparagraph in
  215  any calendar year may, at the discretion of the board of
  216  governors, be less than but may not exceed the greater of 10
  217  percent of the amount needed to cover the deficit, plus
  218  interest, fees, commissions, required reserves, and other costs
  219  associated with financing of the original deficit, or 10 percent
  220  of the aggregate statewide direct written premium for subject
  221  lines of business and for all accounts of the corporation for
  222  the prior year, plus interest, fees, commissions, required
  223  reserves, and other costs associated with financing the deficit.
  224         e. The corporation may pledge the proceeds of assessments,
  225  projected recoveries from the Florida Hurricane Catastrophe
  226  Fund, other insurance and reinsurance recoverables, policyholder
  227  surcharges and other surcharges, and other funds available to
  228  the corporation as the source of revenue for and to secure bonds
  229  issued under paragraph (p), bonds or other indebtedness issued
  230  under subparagraph (c)3., or lines of credit or other financing
  231  mechanisms issued or created under this subsection, or to retire
  232  any other debt incurred as a result of deficits or events giving
  233  rise to deficits, or in any other way that the board determines
  234  will efficiently recover such deficits. The purpose of the lines
  235  of credit or other financing mechanisms is to provide additional
  236  resources to assist the corporation in covering claims and
  237  expenses attributable to a catastrophe. As used in this
  238  subsection, the term “assessments” includes regular assessments
  239  under sub-subparagraph a., sub-subparagraph b., or subparagraph
  240  (p)1. and emergency assessments under sub-subparagraph d.
  241  Emergency assessments collected under sub-subparagraph d. are
  242  not part of an insurer's rates, are not premium, and are not
  243  subject to premium tax, fees, or commissions; however, failure
  244  to pay the emergency assessment shall be treated as failure to
  245  pay premium. The emergency assessments under sub-subparagraph d.
  246  shall continue as long as any bonds issued or other indebtedness
  247  incurred with respect to a deficit for which the assessment was
  248  imposed remain outstanding, unless adequate provision has been
  249  made for the payment of such bonds or other indebtedness
  250  pursuant to the documents governing such bonds or other
  251  indebtedness.
  252         f. As used in this subsection for purposes of any deficit
  253  incurred on or after January 25, 2007, the term “subject lines
  254  of business” means insurance written by assessable insurers or
  255  procured by assessable insureds on real or personal property,
  256  including insurance for fire, industrial fire, allied lines,
  257  farmowners multiperil, homeowners multiperil, commercial
  258  multiperil, and mobile homes, and including liability coverage
  259  on all such insurance, but excluding inland marine insurance as
  260  defined in s. 624.607(3) and vehicle insurance as defined in s.
  261  624.605 other than insurance on mobile homes used as permanent
  262  dwellings for all property and casualty lines of business in
  263  this state, but not including workers' compensation or medical
  264  malpractice. As used in the sub-subparagraph, the term “property
  265  and casualty lines of business” includes all lines of business
  266  identified on Form 2, Exhibit of Premiums and Losses, in the
  267  annual statement required of authorized insurers by s. 624.424
  268  and any rule adopted under this section, except for those lines
  269  identified as accident and health insurance and except for
  270  policies written under the National Flood Insurance Program or
  271  the Federal Crop Insurance Program. For purposes of this sub
  272  subparagraph, the term “workers' compensation” includes both
  273  workers' compensation insurance and excess workers' compensation
  274  insurance.
  275         g. The Florida Surplus Lines Service Office shall determine
  276  annually the aggregate statewide written premium in subject
  277  lines of business procured by assessable insureds and shall
  278  report that information to the corporation in a form and at a
  279  time the corporation specifies to ensure that the corporation
  280  can meet the requirements of this subsection and the
  281  corporation's financing obligations.
  282         h. The Florida Surplus Lines Service Office shall verify
  283  the proper application by surplus lines agents of assessment
  284  percentages for regular assessments and emergency assessments
  285  levied under this subparagraph on assessable insureds and shall
  286  assist the corporation in ensuring the accurate, timely
  287  collection and payment of assessments by surplus lines agents as
  288  required by the corporation.
  289         i. If a deficit is incurred in any account in 2008 or
  290  thereafter, the board of governors shall levy a Citizens
  291  policyholder surcharge against all policyholders of the
  292  corporation for a 12-month period, which shall be collected at
  293  the time of issuance or renewal of a policy, as a uniform
  294  percentage of the premium for the policy of up to 15 percent of
  295  such premium, which funds shall be used to offset the deficit.
  296  Citizens policyholder surcharges under this sub-subparagraph are
  297  not considered premium and are not subject to commissions, fees,
  298  or premium taxes. However, failure to pay such surcharges shall
  299  be treated as failure to pay premium.
  300         j. If the amount of any assessments or surcharges collected
  301  from corporation policyholders, assessable insurers or their
  302  policyholders, or assessable insureds exceeds the amount of the
  303  deficits, such excess amounts shall be remitted to and retained
  304  by the corporation in a reserve to be used by the corporation,
  305  as determined by the board of governors and approved by the
  306  office, to pay claims or reduce any past, present, or future
  307  plan-year deficits or to reduce outstanding debt.
  308         Section 2. This act shall take effect July 1, 2009.