Florida Senate - 2009                                    SB 2384
       
       
       
       By Senator Fasano
       
       
       
       
       11-00445A-09                                          20092384__
    1                        A bill to be entitled                      
    2         An act relating to property insurance; amending s.
    3         215.555, F.S.; providing additional legislative
    4         findings; redefining the terms “covered event,”
    5         “covered policy,” “losses,” “estimated claims-paying
    6         capacity,” and “actual claims-paying capacity” to
    7         refer to reimbursement contracts; specifying uses of
    8         moneys in the Florida Hurricane Catastrophe Fund;
    9         providing for the expiration of certain requirements
   10         related to the initiation of reimbursement contracts;
   11         revising provisions with respect to issuance and use
   12         of revenue bonds; providing additional legislative
   13         findings regarding the issuance of certain revenue
   14         bonds; authorizing the State Board of Administration
   15         to direct the Office of Insurance Regulation to levy
   16         emergency assessments under certain circumstances;
   17         providing an expiration date for certain such
   18         authorizations; excluding certain assessments from the
   19         effects of such expiration; limiting the amount of
   20         such emergency assessments; requiring that the board
   21         appoint an advisory council; providing purposes and
   22         duties for the council; providing for membership of
   23         the council; requiring that the Chief Financial
   24         Officer annually designate a chair of the council;
   25         revising coverage levels under the Temporary Increase
   26         in Coverage Limits option to conform to changes made
   27         by the act; creating the Florida Hurricane Protection
   28         Program within the Florida Hurricane Catastrophe Fund;
   29         specifying purpose of the program; providing
   30         definitions; requiring that the board adopt a plan of
   31         operation for the program by rule; providing
   32         requirements for the plan of operation; requiring that
   33         certain coverage be provided; providing limitations
   34         and requirements for such coverage; requiring
   35         participation by certain insurers by entrance into a
   36         contract with the program; providing requirements for
   37         such contract; specifying powers and duties of the
   38         program; specifying duties of participating insurers;
   39         providing sanctions for noncompliance; providing
   40         limitations on liability; providing for the adoption
   41         of rates and forms; providing for the calculation of
   42         reinsurance needs; authorizing the acquisition of
   43         additional reinsurance for specified purposes;
   44         providing for transition; requiring that insurers make
   45         certain rate and form filings; providing legislative
   46         intent; requiring that the board adopt the plan of
   47         operation on or before a specified deadline; providing
   48         for implementation of the program; authorizing the
   49         board to adopt the plan of operation and forms as
   50         emergency rules; providing for the expiration of such
   51         emergency rules; requiring that the board initiate
   52         rulemaking within a specified period after the
   53         adoption of emergency rules; requiring that the board
   54         submit the initial rate plan required to implement the
   55         Florida Hurricane Protection Program to the Office of
   56         Insurance Regulation on or before a specified
   57         deadline; requiring that the office review the initial
   58         rate plan on an expedited basis; requiring that the
   59         office approve the initial rate plan on or before a
   60         specified deadline; providing that annual rate filings
   61         made subsequent to the initial rate plan take effect
   62         only after approval by the office; requiring
   63         transitional rate and form filings; amending s.
   64         624.509, F.S.; specifying the applicability of the
   65         insurance premium tax to policies issued by the
   66         Florida Hurricane Protection Program; amending s.
   67         627.351, F.S.; prohibiting Citizens Property Insurance
   68         Corporation from issuing or renewing certain types of
   69         policies after a specified date; providing an
   70         exception to restrictions on the acceptance of certain
   71         offers of coverage; requiring that the corporation
   72         provide access to specified policy information by
   73         insurance agents on or before specified deadlines;
   74         requiring that the corporation transfer a specified
   75         portion of its surplus to the fund; providing for the
   76         use of the corporation's information technology by the
   77         program; transferring ownership of such information
   78         technology to the program; amending s. 627.706, F.S.;
   79         specifying which counties are considered “high
   80         sinkhole hazard counties”; requiring that certain
   81         property insurance policies in such counties include
   82         catastrophic ground cover collapse coverage;
   83         prohibiting such policies in such areas from including
   84         coverage for sinkhole losses; requiring that an
   85         insurer make available to such policyholder an
   86         endorsement or separate policy providing sinkhole
   87         coverage; providing an effective date.
   88  
   89  Be It Enacted by the Legislature of the State of Florida:
   90  
   91         Section 1. Paragraphs (b), (c), (d), (l), and (m) of
   92  subsection (2), subsection (3), paragraph (a) of subsection (4),
   93  paragraphs (a) and (b) of subsection (6), paragraph (b) of
   94  subsection (7), subsection (8), and paragraphs (c), (d), (e),
   95  (g), and (h) of subsection (17) of section 215.555, Florida
   96  Statutes, are amended, paragraph (h) is added to subsection (1),
   97  and subsection (18) is added to that section, to read:
   98         215.555 Florida Hurricane Catastrophe Fund.—
   99         (1) FINDINGS AND PURPOSE.—The Legislature finds and
  100  declares as follows:
  101         (h)The Legislature further finds that, as of January 1,
  102  2009:
  103         1.More than 15 years of effort to use state regulatory,
  104  financial, and insurance mechanisms to ensure availability and
  105  affordability of dependable residential property insurance
  106  coverage have not succeeded.
  107         2.The continuing lack of available, affordable coverage
  108  creates a substantial burden on the state’s economy.
  109         3.The potential inability of the Florida Hurricane
  110  Catastrophe Fund, as currently constituted, to meet its
  111  obligations threatens the solvency of all residential property
  112  insurers in the state.
  113         4.Notwithstanding depopulation efforts that have removed
  114  numerous policies from Citizens Property Insurance Corporation
  115  and its predecessors, the property insurance residual market
  116  remains unacceptably large, with approximately one million
  117  policies in force and a total exposure of approximately $400
  118  billion.
  119         5.The unsatisfactory performance of a system intended to
  120  provide available, affordable, and reliable coverage for
  121  residential hurricane losses in the state, together with the
  122  state’s unique exposure to hurricane losses, supports the
  123  conclusion that hurricanes may be an uninsurable peril in all or
  124  parts of the state as the concept of insurability is commonly
  125  understood.
  126         6.Therefore, a restructured system to protect residential
  127  property owners from hurricane losses serves the compelling
  128  state interest in maintaining a viable and orderly private
  129  sector market for property insurance, as described in paragraph
  130  (a), and is a necessary measure to abate a significant threat to
  131  the economy of this state.
  132         (2) DEFINITIONS.—As used in this section:
  133         (b) “Covered event” means, with respect to reimbursement
  134  contracts, any one storm declared to be a hurricane by the
  135  National Hurricane Center, which storm causes insured losses in
  136  this state.
  137         (c) “Covered policy” means, with respect to reimbursement
  138  contracts, any insurance policy covering residential property in
  139  this state, including, but not limited to, any homeowner's,
  140  mobile home owner's, farm owner's, condominium association,
  141  condominium unit owner's, tenant's, or apartment building
  142  policy, or any other policy covering a residential structure or
  143  its contents issued by any authorized insurer, including a
  144  commercial self-insurance fund holding a certificate of
  145  authority issued by the Office of Insurance Regulation under s.
  146  624.462, the Citizens Property Insurance Corporation, and any
  147  joint underwriting association or similar entity created under
  148  law. The term “covered policy” includes any collateral
  149  protection insurance policy covering personal residences which
  150  protects both the borrower's and the lender's financial
  151  interests, in an amount at least equal to the coverage for the
  152  dwelling in place under the lapsed homeowner's policy, if such
  153  policy can be accurately reported as required in subsection (5).
  154  Additionally, covered policies include policies covering the
  155  peril of wind removed from the Florida Residential Property and
  156  Casualty Joint Underwriting Association or from the Citizens
  157  Property Insurance Corporation, created under s. 627.351(6), or
  158  from the Florida Windstorm Underwriting Association, created
  159  under s. 627.351(2), by an authorized insurer under the terms
  160  and conditions of an executed assumption agreement between the
  161  authorized insurer and such association or Citizens Property
  162  Insurance Corporation. Each assumption agreement between the
  163  association and such authorized insurer or Citizens Property
  164  Insurance Corporation must be approved by the Office of
  165  Insurance Regulation before the effective date of the
  166  assumption, and the Office of Insurance Regulation must provide
  167  written notification to the board within 15 working days after
  168  such approval. “Covered policy” does not include any policy that
  169  excludes wind coverage or hurricane coverage or any reinsurance
  170  agreement and does not include any policy otherwise meeting this
  171  definition which is issued by a surplus lines insurer or a
  172  reinsurer. All commercial residential excess policies and all
  173  deductible buy-back policies that, based on sound actuarial
  174  principles, require individual ratemaking shall be excluded by
  175  rule if the actuarial soundness of the fund is not jeopardized.
  176  For this purpose, the term “excess policy” means a policy that
  177  provides insurance protection for large commercial property
  178  risks and that provides a layer of coverage above a primary
  179  layer insured by another insurer.
  180         (d) “Losses” means, with respect to reimbursement
  181  contracts, direct incurred losses under covered policies, which
  182  shall include losses for additional living expenses not to
  183  exceed 40 percent of the insured value of a residential
  184  structure or its contents and shall exclude loss adjustment
  185  expenses. “Losses” does not include losses for fair rental
  186  value, loss of rent or rental income, or business interruption
  187  losses.
  188         (l) “Estimated claims-paying capacity” means, with respect
  189  to reimbursement contracts, the sum of the projected year-end
  190  balance of the fund as of December 31 of a contract year, plus
  191  any reinsurance purchased by the fund, plus the board's estimate
  192  of the board's borrowing capacity.
  193         (m) “Actual claims-paying capacity” means, with respect to
  194  reimbursement contracts, the sum of the balance of the fund as
  195  of December 31 of a contract year, plus any reinsurance
  196  purchased by the fund, plus the amount the board is able to
  197  raise through the issuance of revenue bonds under subsection
  198  (6).
  199         (3) FLORIDA HURRICANE CATASTROPHE FUND CREATED.—There is
  200  created the Florida Hurricane Catastrophe Fund to be
  201  administered by the State Board of Administration. Moneys in the
  202  fund may not be expended, loaned, or appropriated except to pay
  203  obligations of the fund arising out of reimbursement contracts
  204  entered into under subsection (4), payment of debt service on
  205  revenue bonds issued under subsection (6), costs of the
  206  mitigation program under subsection (7), costs of the Florida
  207  Hurricane Protection Program under subsection (18), costs of
  208  procuring reinsurance, and costs of administration of the fund.
  209  The board shall invest the moneys in the fund pursuant to ss.
  210  215.44-215.52. Except as otherwise provided in this section,
  211  earnings from all investments shall be retained in the fund. The
  212  board may employ or contract with such staff and professionals
  213  as the board deems necessary for the administration of the fund.
  214  The board may adopt such rules as are reasonable and necessary
  215  to implement this section and shall specify interest due on any
  216  delinquent remittances, which interest may not exceed the fund's
  217  rate of return plus 5 percent. Such rules must conform to the
  218  Legislature's specific intent in establishing the fund as
  219  expressed in subsection (1), must enhance the fund's potential
  220  ability to respond to claims for covered events, must contain
  221  general provisions so that the rules can be applied with
  222  reasonable flexibility so as to accommodate insurers in
  223  situations of an unusual nature or where undue hardship may
  224  result, except that such flexibility may not in any way impair,
  225  override, supersede, or constrain the public purpose of the
  226  fund, and must be consistent with sound insurance practices. The
  227  board may, by rule, provide for the exemption from subsections
  228  (4) and (5) of insurers writing covered policies with less than
  229  $10 million in aggregate exposure for covered policies if the
  230  exemption does not affect the actuarial soundness of the fund.
  231         (4) REIMBURSEMENT CONTRACTS.—
  232         (a)1. The board shall enter into a contract with each
  233  insurer writing covered policies in this state to provide to the
  234  insurer the reimbursement described in paragraphs (b) and (d),
  235  in exchange for the reimbursement premium paid into the fund
  236  under subsection (5). As a condition of doing business in this
  237  state, each such insurer shall enter into such a contract.
  238         2.The requirement that the board enter into reimbursement
  239  contracts with insurers and the requirement that insurers enter
  240  into such contracts with the board expire on May 31, 2011.
  241         (6) REVENUE BONDS.—
  242         (a) General provisions.—
  243         1. Upon the occurrence of a hurricane and a determination
  244  that the moneys in the fund are or will be insufficient to pay
  245  reimbursement at the levels promised in the reimbursement
  246  contracts under subsection (4), or upon a determination that the
  247  moneys in the fund are or will be insufficient to meet the
  248  obligations of the Florida Hurricane Protection Program under
  249  subsection (18), the board may take the necessary steps under
  250  paragraph (c) or paragraph (d) for the issuance of revenue bonds
  251  for the benefit of the fund. The proceeds of such revenue bonds
  252  may be used to make reimbursement payments under reimbursement
  253  contracts; to refinance or replace previously existing
  254  borrowings or financial arrangements; to pay interest on bonds;
  255  to fund reserves for the bonds; to pay expenses incident to the
  256  issuance or sale of any bond issued under this section,
  257  including costs of validating, printing, and delivering the
  258  bonds, costs of printing the official statement, costs of
  259  publishing notices of sale of the bonds, and related
  260  administrative expenses; or for such other purposes related to
  261  the financial obligations of the fund as the board may
  262  determine. The term of the bonds may not exceed 30 years. The
  263  board may pledge or authorize the corporation to pledge all or a
  264  portion of all revenues under subsection (5) and under paragraph
  265  (b) to secure such revenue bonds and the board may execute such
  266  agreements between the board and the issuer of any revenue bonds
  267  and providers of other financing arrangements under paragraph
  268  (7)(b) as the board deems necessary to evidence, secure,
  269  preserve, and protect such pledge. If reimbursement premiums
  270  received under subsection (5) or earnings on such premiums are
  271  used to pay debt service on revenue bonds, such premiums and
  272  earnings shall be used only after the use of the moneys derived
  273  from assessments under paragraph (b). The funds, credit,
  274  property, or taxing power of the state or political subdivisions
  275  of the state shall not be pledged for the payment of such bonds.
  276  The board may also enter into agreements under paragraph (c) or
  277  paragraph (d) for the purpose of issuing revenue bonds in the
  278  absence of a hurricane upon a determination that such action
  279  would maximize the ability of the fund to meet future
  280  obligations.
  281         2. The Legislature finds and declares that the issuance of
  282  bonds under this subsection is for the public purpose of paying
  283  the proceeds of the bonds to insurers as required by
  284  reimbursement contracts under subsection (4), thereby enabling
  285  insurers to pay the claims of policyholders to assure that
  286  policyholders are able to pay the cost of construction,
  287  reconstruction, repair, and restoration, and other costs
  288  associated with damage to property of policyholders of covered
  289  policies after the occurrence of a hurricane, and for the public
  290  purpose of paying claims of policyholders under subsection (18)
  291  to ensure that policyholders are able to pay the costs of
  292  construction, reconstruction, repair, restoration, and other
  293  costs associated with damage to their property after a
  294  hurricane.
  295         (b) Emergency assessments.—
  296         1.a. If the board determines that the amount of revenue
  297  produced under subsections subsection (5) and (18) is
  298  insufficient to fund the obligations, costs, and expenses of the
  299  fund and the corporation, including repayment of revenue bonds
  300  and that portion of the debt service coverage not met by
  301  reimbursement premiums, the board shall direct the Office of
  302  Insurance Regulation to levy, by order, an emergency assessment
  303  on direct premiums for all property and casualty lines of
  304  business in this state, including property and casualty business
  305  of surplus lines insurers regulated under part VIII of chapter
  306  626, but not including any workers' compensation premiums or
  307  medical malpractice premiums. As used in this subsection, the
  308  term “property and casualty business” includes all lines of
  309  business identified on Form 2, Exhibit of Premiums and Losses,
  310  in the annual statement required of authorized insurers by s.
  311  624.424 and any rule adopted under this section, except for
  312  those lines identified as accident and health insurance and
  313  except for policies written under the National Flood Insurance
  314  Program. The assessment shall be specified as a percentage of
  315  direct written premium and is subject to annual adjustments by
  316  the board in order to meet debt obligations. The same percentage
  317  shall apply to all policies in lines of business subject to the
  318  assessment issued or renewed during the 12-month period
  319  beginning on the effective date of the assessment. This sub
  320  subparagraph expires June 1, 2011. The expiration of this sub
  321  subparagraph does not affect any assessments levied under this
  322  sub-subparagraph before that date.
  323         b.Effective June 1, 2011, if the board determines that the
  324  amount of revenue produced under subsections (5) and (18),
  325  including appropriated state funds or federal funding, if any,
  326  is insufficient to fund the obligations, costs, and expenses of
  327  the fund and the corporation, including repayment of revenue
  328  bonds and debt service coverage, the board shall direct the
  329  Office of Insurance Regulation to levy, by order, an emergency
  330  assessment on direct premiums for all personal lines and
  331  commercial lines policies providing property insurance coverage,
  332  including policies issued by the Florida Hurricane Protection
  333  Program under subsection (18). Such assessment shall be
  334  specified as a percentage of direct written premium and is
  335  subject to annual adjustments by the board in order to meet debt
  336  obligations. The same percentage shall apply to all policies
  337  issued or renewed during the 12-month period beginning on the
  338  effective date of the assessment in all lines of business
  339  subject to the assessment.
  340         2.a. A premium is not subject to an annual assessment under
  341  this paragraph in excess of 6 percent of premium with respect to
  342  obligations arising out of losses attributable to any one
  343  contract year, and a premium is not subject to an aggregate
  344  annual assessment under this paragraph in excess of 10 percent
  345  of premium. This sub-subparagraph expires June 1, 2011. The
  346  expiration of this sub-subparagraph does not affect any
  347  assessments levied under this sub-subparagraph before that date.
  348         b.Effective June 1, 2011, the total amount of emergency
  349  assessments under this paragraph with respect to a fund deficit
  350  incurred in any year may not exceed 10 percent of the statewide
  351  total gross written premium for all insurers for personal lines
  352  and commercial lines policies providing property insurance
  353  coverage, including policies issued by the Florida Hurricane
  354  Protection Program under subsection (18), for the preceding
  355  year.
  356         c. An annual assessment under this paragraph shall continue
  357  as long as the revenue bonds issued with respect to which the
  358  assessment was imposed are outstanding, including any bonds the
  359  proceeds of which were used to refund the revenue bonds, unless
  360  adequate provision has been made for the payment of the bonds
  361  under the documents authorizing issuance of the bonds.
  362         3. Emergency assessments shall be collected from
  363  policyholders. Emergency assessments shall be remitted by
  364  insurers as a percentage of direct written premium for the
  365  preceding calendar quarter as specified in the order from the
  366  Office of Insurance Regulation. The office shall verify the
  367  accurate and timely collection and remittance of emergency
  368  assessments and shall report the information to the board in a
  369  form and at a time specified by the board. Each insurer
  370  collecting assessments shall provide the information with
  371  respect to premiums and collections as may be required by the
  372  office to enable the office to monitor and verify compliance
  373  with this paragraph.
  374         4. With respect to assessments of surplus lines premiums,
  375  each surplus lines agent shall collect the assessment at the
  376  same time as the agent collects the surplus lines tax required
  377  by s. 626.932, and the surplus lines agent shall remit the
  378  assessment to the Florida Surplus Lines Service Office created
  379  by s. 626.921 at the same time as the agent remits the surplus
  380  lines tax to the Florida Surplus Lines Service Office. The
  381  emergency assessment on each insured procuring coverage and
  382  filing under s. 626.938 shall be remitted by the insured to the
  383  Florida Surplus Lines Service Office at the time the insured
  384  pays the surplus lines tax to the Florida Surplus Lines Service
  385  Office. The Florida Surplus Lines Service Office shall remit the
  386  collected assessments to the fund or corporation as provided in
  387  the order levied by the Office of Insurance Regulation. The
  388  Florida Surplus Lines Service Office shall verify the proper
  389  application of such emergency assessments and shall assist the
  390  board in ensuring the accurate and timely collection and
  391  remittance of assessments as required by the board. The Florida
  392  Surplus Lines Service Office shall annually calculate the
  393  aggregate written premium on property and casualty business,
  394  other than workers' compensation and medical malpractice,
  395  procured through surplus lines agents and insureds procuring
  396  coverage and filing under s. 626.938 and shall report the
  397  information to the board in a form and at a time specified by
  398  the board.
  399         5. Any assessment authority not used for a particular
  400  contract year may be used for a subsequent contract year. If,
  401  for a subsequent contract year, the board determines that the
  402  amount of revenue produced under subsection (5) is insufficient
  403  to fund the obligations, costs, and expenses of the fund and the
  404  corporation, including repayment of revenue bonds and that
  405  portion of the debt service coverage not met by reimbursement
  406  premiums, the board shall direct the Office of Insurance
  407  Regulation to levy an emergency assessment up to an amount not
  408  exceeding the amount of unused assessment authority from a
  409  previous contract year or years, plus an additional 4 percent
  410  provided that the assessments in the aggregate do not exceed the
  411  limits specified in subparagraph 2. This subparagraph expires
  412  June 1, 2011. The expiration of this subparagraph does not
  413  affect any assessments levied under this subparagraph before
  414  that date.
  415         6. The assessments otherwise payable to the corporation
  416  under this paragraph shall be paid to the fund unless and until
  417  the Office of Insurance Regulation and the Florida Surplus Lines
  418  Service Office have received from the corporation and the fund a
  419  notice, which shall be conclusive and upon which they may rely
  420  without further inquiry, that the corporation has issued bonds
  421  and the fund has no agreements in effect with local governments
  422  under paragraph (c). On or after the date of the notice and
  423  until the date the corporation has no bonds outstanding, the
  424  fund shall have no right, title, or interest in or to the
  425  assessments, except as provided in the fund's agreement with the
  426  corporation.
  427         7. Emergency assessments are not premium and are not
  428  subject to the premium tax, to the surplus lines tax, to any
  429  fees, or to any commissions. An insurer is liable for all
  430  assessments that it collects and must treat the failure of an
  431  insured to pay an assessment as a failure to pay the premium. An
  432  insurer is not liable for uncollectible assessments.
  433         8. When an insurer is required to return an unearned
  434  premium, it shall also return any collected assessment
  435  attributable to the unearned premium. A credit adjustment to the
  436  collected assessment may be made by the insurer with regard to
  437  future remittances that are payable to the fund or corporation,
  438  but the insurer is not entitled to a refund.
  439         9. When a surplus lines insured or an insured who has
  440  procured coverage and filed under s. 626.938 is entitled to the
  441  return of an unearned premium, the Florida Surplus Lines Service
  442  Office shall provide a credit or refund to the agent or such
  443  insured for the collected assessment attributable to the
  444  unearned premium prior to remitting the emergency assessment
  445  collected to the fund or corporation.
  446         10. The exemption of medical malpractice insurance premiums
  447  from emergency assessments under this paragraph is repealed May
  448  31, 2010, and medical malpractice insurance premiums shall be
  449  subject to emergency assessments attributable to loss events
  450  occurring in the contract years commencing on June 1, 2010.
  451         (7) ADDITIONAL POWERS AND DUTIES.—
  452         (b) In addition to borrowing under subsection (6), the
  453  board may also borrow from, or enter into other financing
  454  arrangements or borrow from with, any market sources or federal
  455  or multistate funding sources at prevailing interest rates for
  456  the purpose of ensuring or enhancing the ability of the fund to
  457  meet its obligations.
  458         (8) ADVISORY COUNCIL.—
  459         (a) The State Board of Administration shall appoint an
  460  advisory council to provide the board and the staff of the fund
  461  with technical, scientific, actuarial, and financial advice,
  462  information regarding the impact of potential decisions on
  463  insurance consumers and property owners subject to assessment,
  464  advice on implementation of the Florida Hurricane Protection
  465  Program under subsection (18), and such other information and
  466  advice as the board or the staff may request a nine-member
  467  advisory council that consists of an actuary, a meteorologist,
  468  an engineer, a representative of insurers, a representative of
  469  insurance agents, a representative of reinsurers, and three
  470  consumers who shall also be representatives of other affected
  471  professions and industries, to provide the board with
  472  information and advice in connection with its duties under this
  473  section.
  474         (b)The advisory council shall consist of 14 members,
  475  appointed as provided in this paragraph. All members of the
  476  advisory council shall be appointed by the board, except that
  477  the Chief Financial Officer shall appoint the insurance agent
  478  members under subparagraph 7.
  479         1.Two owners of single-family residences, one of which is
  480  located in a higher-risk coastal area and one of which is
  481  located in a lower-risk inland area.
  482         2.Two representatives of owners of commercial residential
  483  property, one of which is located in a higher-risk coastal area
  484  and one of which is located in a lower-risk inland area.
  485         3.Two representatives of owners of nonresidential
  486  commercial properties.
  487         4.One representative of home builders.
  488         5.One actuary.
  489         6.One meteorologist.
  490         7.Two representatives of residential property insurance
  491  agents appointed by the Chief Financial Officer. One such
  492  representative must be an independent agent, and the other must
  493  be an agent who is appointed under chapter 626 to represent an
  494  insurer that writes residential policies in this state on a
  495  direct basis through appointed agents who are not employees.
  496         8.One representative of residential property insurers.
  497         9.One person who has substantial experience in
  498  reinsurance.
  499         10.One person who has substantial experience in bond
  500  finance.
  501         (c)The Chief Financial Officer shall annually designate a
  502  member of the advisory council to serve as chair of the council.
  503         (d) Members of the advisory council shall serve at the
  504  pleasure of the board and are eligible for per diem and travel
  505  expenses under s. 112.061.
  506         (17) TEMPORARY INCREASE IN COVERAGE LIMIT OPTIONS.—
  507         (c) Optional coverage.—For the contract year commencing
  508  June 1, 2007, and ending May 31, 2008, the contract year
  509  commencing June 1, 2008, and ending May 31, 2009, and the
  510  contract year commencing June 1, 2009, and ending May 31, 2010,
  511  the board shall offer, for each of such years, the optional
  512  coverage as provided in this subsection.
  513         (d) Additional definitions.—As used in this subsection, the
  514  term:
  515         1. “FHCF” means Florida Hurricane Catastrophe Fund.
  516         2. “FHCF reimbursement premium” means the premium paid by
  517  an insurer for its coverage as a mandatory participant in the
  518  FHCF, but does not include additional premiums for optional
  519  coverages.
  520         3. “Payout multiple” means the number or multiple created
  521  by dividing the statutorily defined claims-paying capacity as
  522  determined in subparagraph (4)(c)1. by the aggregate
  523  reimbursement premiums paid by all insurers estimated or
  524  projected as of calendar year-end.
  525         4. “TICL” means the temporary increase in coverage limit.
  526         5. “TICL options” means the temporary increase in coverage
  527  options created under this subsection.
  528         6. “TICL insurer” means an insurer that has opted to obtain
  529  coverage under the TICL options addendum in addition to the
  530  coverage provided to the insurer under its FHCF reimbursement
  531  contract.
  532         7. “TICL reimbursement premium” means the premium charged
  533  by the fund for coverage provided under the TICL option.
  534         8. “TICL coverage multiple” means the coverage multiple
  535  when multiplied by an insurer's FHCF reimbursement premium that
  536  defines the temporary increase in coverage limit.
  537         9. “TICL coverage” means the coverage for an insurer's
  538  losses above the insurer's statutorily determined claims-paying
  539  capacity based on the claims-paying limit in subparagraph
  540  (4)(c)1., which an insurer selects as its temporary increase in
  541  coverage from the fund under the TICL options selected. A TICL
  542  insurer's increased coverage limit options shall be calculated
  543  as follows:
  544         a. The board shall calculate and report to each TICL
  545  insurer the TICL coverage multiples based on 12 options for
  546  increasing the insurer's FHCF coverage limit. Each TICL coverage
  547  multiple shall be calculated by dividing $1 billion, $2 billion,
  548  $3 billion, $4 billion, $5 billion, $6 billion, $7 billion, $8
  549  billion, and $9 billion, $10 billion, $11 billion, or $12
  550  billion by the total estimated aggregate FHCF reimbursement
  551  premiums for the 2007-2008 contract year, the 2008-2009 contract
  552  year, and the 2009-2010 contract year.
  553         b. The TICL insurer's increased coverage shall be the FHCF
  554  reimbursement premium multiplied by the TICL coverage multiple
  555  for the TICL option selected. In order to determine an insurer's
  556  total limit of coverage, an insurer shall add its TICL coverage
  557  multiple to its payout multiple. The total shall represent a
  558  number that, when multiplied by an insurer's FHCF reimbursement
  559  premium for a given reimbursement contract year, defines an
  560  insurer's total limit of FHCF reimbursement coverage for that
  561  reimbursement contract year.
  562         10. “TICL options addendum” means an addendum to the
  563  reimbursement contract reflecting the obligations of the fund
  564  and insurers selecting an option to increase an insurer's FHCF
  565  coverage limit.
  566         (e) TICL options addendum.—
  567         1. The TICL options addendum shall provide for
  568  reimbursement of TICL insurers for covered events occurring
  569  between June 1, 2007, and May 31, 2008, and between June 1,
  570  2008, and May 31, 2009, or between June 1, 2009, and May 31,
  571  2010, in exchange for the TICL reimbursement premium paid into
  572  the fund under paragraph (f). Any insurer writing covered
  573  policies has the option of selecting an increased limit of
  574  coverage under the TICL options addendum and shall select such
  575  coverage at the time that it executes the FHCF reimbursement
  576  contract.
  577         2. The TICL addendum shall contain a promise by the board
  578  to reimburse the TICL insurer for 70 percent of the TICL
  579  coverage based on the TICL option selected for the insurer’s 45
  580  percent, 75 percent, or 90 percent of its losses from each
  581  covered event in excess of the insurer's retention, plus 5
  582  percent of the reimbursed losses to cover loss adjustment
  583  expenses. The percentage shall be the same as the coverage level
  584  selected by the insurer under paragraph (4)(b).
  585         3. The TICL addendum shall provide that reimbursement
  586  amounts shall not be reduced by reinsurance paid or payable to
  587  the insurer from other sources.
  588         4. The priorities, schedule, and method of reimbursements
  589  under the TICL addendum shall be the same as provided under
  590  subsection (4).
  591         (g) Effect on claims-paying capacity of the fund.—For the
  592  contract term terms commencing June 1, 2007, June 1, 2008, and
  593  June 1, 2009, the program created by this subsection shall
  594  increase the claims-paying capacity of the fund as provided in
  595  subparagraph (4)(c)1. by an amount not to exceed $9 $12 billion
  596  and shall depend on the TICL coverage options selected and the
  597  number of insurers that select the TICL optional coverage. The
  598  additional capacity shall apply only to the additional coverage
  599  provided under the TICL options and shall not otherwise affect
  600  any insurer's reimbursement from the fund if the insurer chooses
  601  not to select the temporary option to increase its limit of
  602  coverage under the FHCF.
  603         (h) Increasing the claims-paying capacity of the fund.—For
  604  the contract year years commencing June 1, 2007, June 1, 2008,
  605  and June 1, 2009, the board may increase the claims-paying
  606  capacity of the fund as provided in paragraph (g) by an amount
  607  not to exceed $4 billion in four $1 billion options and shall
  608  depend on the TICL coverage options selected and the number of
  609  insurers that select the TICL optional coverage. Each insurer's
  610  TICL premium shall be calculated based upon the additional limit
  611  of increased coverage that the insurer selects. Such limit is
  612  determined by multiplying the TICL multiple associated with one
  613  of the four options times the insurer's FHCF reimbursement
  614  premium. The reimbursement premium associated with the
  615  additional coverage provided in this paragraph shall be
  616  determined as specified in subsection (5).
  617         (18)FLORIDA HURRICANE PROTECTION PROGRAM.—
  618         (a)Creation; purpose.—The Florida Hurricane Protection
  619  Program is created within the Florida Hurricane Catastrophe
  620  Fund. The purpose of the program is to provide residential
  621  hurricane insurance coverage for properties throughout the
  622  state.
  623         (b)Definitions.—As used in this subsection, the term:
  624         1.“Actuarially indicated” means an amount determined
  625  according to principles of actuarial science to be adequate, but
  626  not excessive, in the aggregate, to pay current and future
  627  obligations and expenses of the program, including additional
  628  amounts if needed to pay debt service on revenue bonds issued
  629  under this section and to provide required debt-service coverage
  630  in excess of the amounts required to pay actual debt service on
  631  revenue bonds issued under subsection (6) or to meet the
  632  conditions of other financial arrangements entered into under
  633  the authority of paragraph (7)(b), and determined according to
  634  principles of actuarial science to reflect each insured's
  635  relative exposure to hurricane losses.
  636         2.“Board” means the State Board of Administration.
  637         3.“Hurricane coverage” means coverage for loss or damage
  638  caused by the peril of windstorm during a hurricane. The term
  639  includes ensuing damage to the interior of a building, or to
  640  property inside a building, directly or indirectly caused by
  641  rain, snow, sleet, hail, sand, or dust if the direct force of
  642  the windstorm first damages the building, causing an opening
  643  through which rain, snow, sleet, hail, sand, or dust enters and
  644  causes damage, or caused by the loss of power on or off the
  645  covered premises if the loss of power is attributable to the
  646  windstorm. The term does not include coverage for loss or damage
  647  to residential property caused by flood, storm surge, or rising
  648  water.
  649         a.“Windstorm” means wind, wind gusts, hail, rain,
  650  tornadoes, or cyclones caused by or resulting from a hurricane
  651  which results in direct physical loss or damage to property.
  652         b.“Hurricane” means a storm system that has been declared
  653  to be a hurricane by the National Hurricane Center of the
  654  National Weather Service. The duration of the hurricane includes
  655  the period:
  656         (I)Beginning at the time a hurricane warning is issued for
  657  any part of Florida by the National Hurricane Center of the
  658  National Weather Service;
  659         (II)Continuing for the period during which hurricane
  660  conditions exist anywhere in Florida; and
  661         (III)Ending 72 hours following the termination of the last
  662  hurricane warning issued for any part of Florida by the National
  663  Hurricane Center of the National Weather Service.
  664         4.“Participating insurer” means an insurer holding a
  665  certificate of authority to write residential property insurance
  666  coverage and administering hurricane coverage on behalf of the
  667  program.
  668         5.“Program” means the Florida Hurricane Protection
  669  Program.
  670         6.“Reinsurance” includes traditional reinsurance and any
  671  other arrangement transferring risk from the program to another
  672  entity.
  673         7.“Residential coverage” includes both personal lines
  674  residential coverage, which consists of the type of coverage
  675  provided by homeowner’s, mobile home owner’s, dwelling,
  676  tenant’s, condominium unit owner’s, cooperative unit owner’s,
  677  and similar policies, as well as commercial lines residential
  678  coverage, which consists of the type of coverage provided by
  679  condominium association, cooperative association, apartment
  680  building, and similar policies, including policies covering the
  681  common elements of a homeowners’ association.
  682         8.“Underlying policy” means the property insurance policy
  683  issued by a participating insurer to provide coverage for perils
  684  other than hurricane with respect to a residential property
  685  whose hurricane coverage is provided under a policy issued by
  686  the program and administered by the insurer.
  687         (c)Plan of operation; coverage provided; standards; policy
  688  forms.
  689         1.The board shall, by rule, adopt a plan of operation for
  690  the program. The plan of operation shall specify standards for
  691  the program, including, but not limited to, standards relating
  692  to underwriting, mitigation discounts, deductibles, cancellation
  693  and nonrenewal, and recordkeeping.
  694         2.The plan of operation shall provide the form or forms
  695  for the contract between the program and a participating insurer
  696  specifying the respective rights and duties of the program and
  697  the participating insurer and allowing each insurer to conduct
  698  sales, promotion, and other functions related to policy
  699  acquisition as it deems appropriate, in compliance with the
  700  applicable provisions of the Insurance Code.
  701         3.The plan of operation shall require the program to adopt
  702  appropriate policy forms and issue a policy providing hurricane
  703  coverage to each residential risk covered by a participating
  704  insurer, except that a policy may not be issued to a risk that
  705  does not meet the underwriting standards adopted under the
  706  program. Coverage shall include structure, contents, additional
  707  living expenses, emergency debris removal, and temporary repairs
  708  after loss, subject to the following limitations and
  709  requirements:
  710         a.Except as provided in sub-subparagraph b., the policy
  711  shall provide structure coverage that has a limit equal to the
  712  structure limit, also known as the Coverage "A" limit, of the
  713  underlying policy, and shall provide such limits for other
  714  coverage as the program deems appropriate.
  715         b.With respect to a personal lines residential risk having
  716  a structure value greater than $2 million, the program shall
  717  provide coverage that has a structure limit, also known as the
  718  Coverage "A" limit, of $2 million and such limits for other
  719  coverage as the program deems consistent with the $2 million
  720  Coverage "A" limit.
  721         c.The policy shall include a deductible equal to 2 percent
  722  of the insured value of the structure, also known as the
  723  Coverage "A" limit, and the program shall make available, at the
  724  option of the insured, deductibles equal to 5 percent and 10
  725  percent of the insured value of the structure.
  726         d.The plan of operation may specify the maximum coverage
  727  limits available to a commercial residential property.
  728         e.Coverage of roofs shall be limited to actual cash value,
  729  except that the program shall provide insureds with the option
  730  of replacement cost coverage for roofs for an appropriate
  731  premium taking into account the design and condition of the
  732  roof.
  733         f.Coverage shall not be provided for swimming pool
  734  enclosures, patio enclosures, patio covers, or awnings.
  735         g.Coverage shall not be provided for fences, outbuildings,
  736  or other detached structures, except that the program shall
  737  provide insureds with the option of replacement cost coverage
  738  for outbuildings or other permanently affixed detached
  739  structures, not including contents, up to an insured value of
  740  $100,000, for an appropriate premium.
  741         h.The plan of operation shall specify other optional
  742  exclusions to be made available to the insured for appropriate
  743  premium discounts.
  744         i.Additional living expenses shall be provided only for
  745  the period of time in which the structure is uninhabitable, up
  746  to a maximum of 12 months.
  747         j.The plan of operation shall specify policy limits for
  748  coverage of contents, additional living expenses, emergency
  749  debris removal, and temporary repairs after loss.
  750         k.A property is not eligible for coverage under the
  751  Florida Hurricane Protection Program unless it is also covered
  752  by a National Flood Insurance Program policy or similar flood
  753  insurance coverage, if such coverage is available for the
  754  property.
  755         4.Except as to matters specifically addressed by this
  756  subsection, the program is subject to the provisions of part X
  757  of chapter 627.
  758         5.The plan of operation shall require the program to adopt
  759  such notices, coverage summaries, and outlines of coverage as
  760  are required by law or as the board deems appropriate. The plan
  761  of operation shall require the program to provide written notice
  762  informing an insured of the duties of the program and the duties
  763  of the participating insurer.
  764         6.The plan of operation shall provide standards for
  765  applicability of mitigation discounts, credits, and surcharges
  766  and shall provide a process for verification of a property’s
  767  mitigation status.
  768         7.The plan of operation shall provide a reasonable fee
  769  schedule for costs and expenses incurred by participating
  770  insurers in the sale or administration of coverage under the
  771  program, including, but not limited to, policy servicing and
  772  loss-adjustment expense, shall provide a fee to be paid to
  773  insurers for reasonable acquisition costs, but shall not
  774  interfere, directly or indirectly, in the setting of agent
  775  commissions or other compensation by any participating insurer
  776  in compliance with s. 627.062(2)(i), and shall provide for
  777  reimbursement of other costs incurred in the administration of
  778  coverage under the program.
  779         8.The plan of operation shall authorize the program to
  780  enter into agreements with Citizens Property Insurance
  781  Corporation under which the corporation provides data processing
  782  and other office support for the program.
  783         (d)Participating insurers.
  784         1.As a condition of doing business in this state, each
  785  insurer holding a certificate of authority to write residential
  786  property insurance shall enter into a contract with the program
  787  under which the program agrees to issue a policy providing
  788  hurricane coverage to each insured for which the participating
  789  insurer provides a policy providing residential property
  790  insurance coverage for other perils, except as provided in sub
  791  subparagraph 2.b., and under which the participating insurer
  792  agrees to administer the policy as issued by the program,
  793  subject to the provisions of this subsection and the plan of
  794  operation.
  795         2.The contract shall require the participating insurer to:
  796         a.Collect premiums established pursuant to this subsection
  797  for the policy issued by the program using the same billing
  798  practices, including payment plans, if any, as the participating
  799  insurer uses for the underlying policy, and to remit collected
  800  premiums to the program on a schedule specified by the program.
  801         b.Apply deductibles, discounts, surcharges, credits, and
  802  limits as established by the program.
  803         c.Administer the hurricane coverage under the program
  804  policy and provide the program policy to each of its residential
  805  property insureds, except to the extent inconsistent with
  806  eligibility standards specified in this subsection, program
  807  underwriting standards, or the property owner's option to
  808  exclude coverage under s. 627.712(2) or (3).
  809         d.Comply with program requirements and standards relating
  810  to program policies, including underwriting, cancellation and
  811  nonrenewal, and similar matters. The contract shall allow the
  812  participating insurer to solicit, sell, promote, or otherwise
  813  acquire policyholders and implement coverage using its own
  814  lawful methodologies, systems, agents, and approach. The
  815  contract shall provide that the program, board, and office may
  816  not in any way prohibit, restrict, or limit the participating
  817  insurer’s authority and discretion to appoint, compensate, and
  818  contract with agents as the insurer and the agent, in their
  819  respective discretion, deem appropriate and feasible, except to
  820  the extent that such conduct is specifically prohibited by law.
  821         e.Provide application processing, premium processing,
  822  claims processing, and adjusting services in accordance with
  823  standards specified in the plan of operation.
  824         f.Provide claims payments to insureds, drawn on an account
  825  established and funded by the program for such purpose.
  826         3.A participating insurer has a fiduciary duty to the
  827  program to fairly adjust claims and allocate losses between
  828  hurricane and nonhurricane perils.
  829         4.The program shall establish an audit process to
  830  determine participating insurers’ compliance with their
  831  fiduciary duties and the requirements of the contract.
  832         5.A participating insurer may make available to its
  833  residential property insureds coverage that supplements the
  834  hurricane coverage provided by the program, but may not make
  835  available to its residential property insureds any coverage that
  836  is the same as or similar to the coverage provided by the
  837  program.
  838         (e)Noncompliance by participating insurer; liability.
  839         1.If a participating insurer fails to substantially comply
  840  with its obligations under the program contract or breaches its
  841  fiduciary duty to the program, the program may require the
  842  participating insurer to pay actual damages, require the
  843  participating insurer to pay liquidated damages as specified in
  844  the program contract, or order the Office of Insurance
  845  Regulation to impose a specified penalty under the Insurance
  846  Code.
  847         2.There shall be no liability on the part of, and no cause
  848  of action of any nature shall arise against, any participating
  849  insurer or its agents or employees, the program or its
  850  employees, or members of the board for any action taken by such
  851  persons or entities in the performance of their respective
  852  duties or responsibilities under this subsection. Such immunity
  853  does not apply to:
  854         a.Any of the foregoing persons or entities for any tort
  855  committed willfully.
  856         b.The program, a participating insurer, or a participating
  857  insurer's producing agents for breach of any written contract or
  858  written agreement pertaining to insurance coverage.
  859         c.The program or the fund with respect to issuance or
  860  payment of debt.
  861         d.Any participating insurer with respect to any action by
  862  the program to enforce a participating insurer's obligations to
  863  the program under this subsection.
  864         e.The program in any action for breach of contract or for
  865  benefits under a policy issued by the program. In any such
  866  action, the program shall be liable to the policyholders and
  867  beneficiaries for attorney's fees as provided in s. 627.428.
  868         (f)Ratemaking.
  869         1.The program shall select an independent consultant to
  870  recommend to the board a rate plan for program coverage.
  871         2.a.Program rates must be as close as possible to
  872  actuarially indicated rates, taking into account the state's
  873  need to restore or maintain affordability of residential
  874  property insurance coverage, the program’s reinsurance needs as
  875  determined under paragraph (g), and the cost of additional
  876  reinsurance negotiated under paragraph (g).
  877         b.Except as otherwise specifically provided in this
  878  paragraph, rates may not be excessive, inadequate, or unfairly
  879  discriminatory within the meaning of s. 627.062, and the rate
  880  plan must provide mitigation discounts consistent with the
  881  intent of s. 627.0629.
  882         c.In the aggregate, the rates must generate premium
  883  revenue equal to or greater than the statewide average annual
  884  insured hurricane loss, based on an average of all models
  885  currently determined to meet the standards and guidelines of the
  886  Florida Commission on Hurricane Loss Projection Methodology,
  887  plus expenses.
  888         3.The program shall annually adopt a rate plan pursuant to
  889  this paragraph and shall submit the rate plan to the Office of
  890  Insurance Regulation for review under s. 627.062. The office
  891  shall approve the plan unless the office determines that the
  892  plan fails to meet the criteria specified in subparagraph 2. In
  893  complying with s. 627.062(2)(i), the office may not directly or
  894  indirectly prohibit, impede, or restrict any participating
  895  insurer from compensating duly appointed agents as the
  896  participating insurer, in its sole discretion, deems
  897  appropriate. A rate plan takes effect on the date specified in
  898  the rate plan and remains in effect until the effective date of
  899  a subsequently adopted rate plan.
  900         (g)Calculation of reinsurance needs; optional
  901  reinsurance.
  902         1.It is the intent of the Legislature that the program
  903  must have for any hurricane season the resources sufficient to
  904  cover all losses and expenses attributable to a 1-in-100 year
  905  seasonal probable maximum loss, relying on a combination of
  906  cash, debt, appropriated state funds or federal funding, if any,
  907  and reinsurance. Before receiving the rate recommendations of
  908  the independent consultant under subparagraph (f)1., the board
  909  shall adopt an estimate of the program’s reinsurance needs. The
  910  estimate shall be calculated as follows:
  911         a.The board shall determine a projected cash balance for
  912  the upcoming year.
  913         b.The board shall obtain an opinion from a financial
  914  advisor regarding the maximum amount of funding it could
  915  reasonably be expected to obtain for hurricane losses in the
  916  upcoming year through bonds and other debt instruments and
  917  through any available federal funding sources, taking into
  918  account the actual capacity of credit markets to absorb the
  919  program’s debt offerings, as well as the assessment revenues and
  920  other revenues available for debt service.
  921         c.The board shall determine the minimum amount of
  922  reinsurance necessary to ensure that, taken together with the
  923  amounts calculated under sub-subparagraphs a. and b., the
  924  program will be able, for the upcoming hurricane season, to
  925  cover all losses and expenses attributable to a 1-in-100 year
  926  seasonal probable maximum loss.
  927         2.The program shall annually procure such amounts of
  928  reinsurance as are determined to be necessary under the
  929  calculation specified in subparagraph 1.
  930         3.In addition to the mandatory procurement of reinsurance
  931  as required in subparagraph 2., the board may also procure
  932  reinsurance for the purpose of reducing potential assessments or
  933  transferring some or all of the risk of loss in excess of the 1
  934  in-100 year seasonal probable maximum loss.
  935         4.The board may structure its reinsurance arrangements in
  936  such layer or layers, in such groupings of risks, and with such
  937  percentages of retained liability in a particular layer, as the
  938  board deems appropriate.
  939         (h)Transition.
  940         1.It is the intent of the Legislature that participating
  941  insurers continue to provide hurricane coverage to their
  942  existing policyholders under policies providing residential
  943  property insurance coverage until the first renewal date on or
  944  after March 1, 2010, at which time the hurricane coverage shall
  945  be provided under a program policy.
  946         2.A participating insurer remains eligible for coverage
  947  under subsection (4) during the contract year beginning June 1,
  948  2010, to the extent the participating insurer has in force
  949  policies defined as covered policies under subsection (2). The
  950  premium for such coverage shall be based on the participating
  951  insurer’s exposure as of June 30, 2010.
  952         3.The replacement of hurricane coverage under a
  953  participating insurer’s policy providing residential property
  954  insurance coverage with hurricane coverage under a program
  955  policy does not constitute a cancellation or nonrenewal for
  956  purposes of s. 627.4133 or any other purposes under the
  957  Insurance Code. With respect to residential property insurance
  958  policy renewals taking effect on or after March 1, 2010, and
  959  before March 1, 2011, the notice of renewal premium shall
  960  include a notice, in a form specified by the board, stating
  961  that, as of the policy renewal date, hurricane coverage will be
  962  provided under a program policy administered by the insurer and
  963  coverage for other perils will be provided under a residential
  964  property insurance policy issued by the insurer.
  965         (i)Report.—It is the intent of the Legislature that, after
  966  the program has sufficient experience providing residential
  967  hurricane coverage, coverage under the program be expanded to
  968  include commercial nonresidential properties that have a
  969  structure insured value not exceeding $2 million, contingent
  970  upon clear evidence of the feasibility of and need for such
  971  expansion. Therefore, on or before December 31, 2012, the State
  972  Board of Administration shall provide a report to the presiding
  973  officers of the Legislature analyzing the feasibility of and
  974  need for an expansion of the program.
  975         Section 2. State Board of Administration; implementation of
  976  the Florida Hurricane Protection Program.—
  977         (1)On or before October 1, 2009, the State Board of
  978  Administration shall adopt the plan of operation and all forms
  979  and rates required to implement the Florida Hurricane Protection
  980  Program created by s. 215.555, Florida Statutes, as amended by
  981  this act.
  982         (2)No later than October 1, 2009, the State Board of
  983  Administration shall submit the initial rate plan required to
  984  implement the Florida Hurricane Protection Program created by s.
  985  215.555, Florida Statutes, as amended by this act, to the Office
  986  of Insurance Regulation for review and approval. The office
  987  shall review the initial rate plan on an expedited basis. The
  988  office shall approve the initial rate plan, as originally filed
  989  or as subsequently revised by the office, no later than December
  990  1, 2009. Annual rate filings subsequent to the initial rate plan
  991  shall take effect only after approval by the office.
  992         (3)In order to meet the October 1, 2009, deadline, the
  993  board may adopt the plan of operation and forms as emergency
  994  rules under s. 120.54(4), Florida Statutes. Notwithstanding the
  995  provisions of s. 120.54(4), Florida Statutes, such rules shall
  996  remain in effect until they are replaced by permanent rules
  997  adopted under s. 120.54(3), Florida Statutes, if the board
  998  initiates rulemaking under s. 120.54(3), Florida Statutes, no
  999  later than 30 days after the adoption of the emergency rules.
 1000         Section 3. Transitional rate and form filings.—Each insurer
 1001  holding a certificate of authority to write residential property
 1002  insurance, including Citizens Property Insurance Corporation,
 1003  shall, on or before October 1, 2009, file with the Office of
 1004  Insurance Regulation policy forms or endorsements reflecting
 1005  that, with respect to policies issued or renewed on or after
 1006  March 1, 2010, residential hurricane coverage will be provided
 1007  in a separate policy issued by the Florida Hurricane Protection
 1008  Program under s. 215.555(18), Florida Statutes. Such insurers
 1009  shall make appropriate rate adjustments on a use-and-file basis
 1010  under s. 627.062(2)(a)2., Florida Statutes. Any form or
 1011  endorsement filed under this section is deemed approved on
 1012  December 1, 2009, unless specifically disapproved by the office.
 1013         Section 4. Subsection (1) of section 624.509, Florida
 1014  Statutes, is amended to read:
 1015         624.509 Premium tax; rate and computation.—
 1016         (1) In addition to the license taxes provided for in this
 1017  chapter, each insurer shall also annually, and on or before
 1018  March 1 in each year, except as to wet marine and transportation
 1019  insurance taxed under s. 624.510, pay to the Department of
 1020  Revenue a tax on insurance premiums, premiums for title
 1021  insurance, or assessments, including membership fees and policy
 1022  fees and gross deposits received from subscribers to reciprocal
 1023  or interinsurance agreements, and on annuity premiums or
 1024  considerations, received during the preceding calendar year, the
 1025  amounts thereof to be determined as set forth in this section,
 1026  to wit:
 1027         (a) An amount equal to 1.75 percent of the gross amount of
 1028  such receipts on account of life and health insurance policies
 1029  covering persons resident in this state and on account of all
 1030  other types of policies and contracts (except annuity policies
 1031  or contracts taxable under paragraph (b)), and except policies
 1032  issued by the Florida Hurricane Protection Program under s.
 1033  215.555(18), covering property, subjects, or risks located,
 1034  resident, or to be performed in this state, omitting premiums on
 1035  reinsurance accepted, and less return premiums or assessments,
 1036  but without deductions:
 1037         1. For reinsurance ceded to other insurers;
 1038         2. For moneys paid upon surrender of policies or
 1039  certificates for cash surrender value;
 1040         3. For discounts or refunds for direct or prompt payment of
 1041  premiums or assessments; and
 1042         4. On account of dividends of any nature or amount paid and
 1043  credited or allowed to holders of insurance policies;
 1044  certificates; or surety, indemnity, reciprocal, or
 1045  interinsurance contracts or agreements.; and
 1046         (b) An amount equal to 1 percent of the gross receipts on
 1047  annuity policies or contracts paid by holders thereof in this
 1048  state.
 1049         (c)With respect to policies issued by the Florida
 1050  Hurricane Protection Program under s. 215.555(18), the program
 1051  shall annually pay to the Department of Revenue on or before
 1052  March 1 of each year a tax on insurance premiums received during
 1053  the preceding calendar year in an amount equal to 1 percent of
 1054  the gross amount of receipts on account of such policies,
 1055  subject to the deductions and exclusions specified in paragraph
 1056  (a).
 1057         Section 5. Paragraphs (ff), (gg), and (hh) are added to
 1058  subsection (6) of section 627.351, Florida Statutes, to read:
 1059         627.351 Insurance risk apportionment plans.—
 1060         (6) CITIZENS PROPERTY INSURANCE CORPORATION.—
 1061         (ff)Notwithstanding any provision of this subsection or s.
 1062  627.3517 to the contrary:
 1063         1.On or after March 1, 2010, the corporation may not issue
 1064  or renew any residential property insurance policy providing
 1065  hurricane coverage as defined in s. 215.555(18). This
 1066  prohibition does not preclude the corporation from issuing or
 1067  renewing policies that provide other residential property
 1068  insurance coverages.
 1069         2.The corporation shall, directly or through the market
 1070  assistance plan, make information from confidential underwriting
 1071  and claims files of policyholders available only to licensed
 1072  general lines agents who register with the corporation to
 1073  receive such information according to the following procedures:
 1074         a.On or before August 1, 2009, the corporation shall make
 1075  available to licensed general lines agents the registration
 1076  procedures to be used to obtain confidential information from
 1077  underwriting and claims files for all policies issued by the
 1078  corporation providing residential coverage, other than
 1079  windstorm-only policies.
 1080         b.On or before September 1, 2009, the corporation shall
 1081  establish a secure website to provide licensed general lines
 1082  agents registered pursuant to this paragraph with application,
 1083  rating, loss history, mitigation, and policy-type information
 1084  for all policies issued by the corporation providing residential
 1085  coverage, other than windstorm-only policies. The registered
 1086  licensed general lines agent may use such information to contact
 1087  and assist the policyholder in securing residential property
 1088  coverage in the voluntary market.
 1089         3.Effective March 1, 2010, the corporation may not issue
 1090  or renew a policy providing residential property insurance
 1091  coverage if the owner of the property has received an offer of
 1092  coverage from a participating insurer as defined in s.
 1093  215.555(18) and if the participating insurer has furnished the
 1094  corporation with notice of the offer of coverage at least 30
 1095  days before the expected renewal date or expected issuance date
 1096  of the corporation's policy. This subparagraph does not preclude
 1097  a participating insurer from making an offer of coverage to a
 1098  property owner who has received an offer of coverage from
 1099  another participating insurer.
 1100         (gg)On or before December 31, 2011, the corporation shall
 1101  transfer to the Florida Hurricane Catastrophe Fund an additional
 1102  capital contribution for the benefit of the Florida Hurricane
 1103  Protection Program. The contribution shall consist of the
 1104  corporation's surplus as to policyholders, multiplied by a
 1105  ratio:
 1106         1.The numerator of which is the total structural insured
 1107  value as of March 1, 2011, for risks covered by all policies
 1108  issued by the corporation; and
 1109         2.The denominator of which is the total structural insured
 1110  value as of March 1, 2010, for risks covered by all policies
 1111  issued by the corporation.
 1112         (hh)On or before October 1, 2009, the corporation shall
 1113  enter into an agreement with the Florida Hurricane Protection
 1114  Program under which the program has the right to use all of the
 1115  corporation’s information technology related to the high-risk
 1116  account, including computer systems, hardware, software, and
 1117  other intellectual property, as well as licenses to any such
 1118  information technology used by the corporation under license. On
 1119  March 1, 2011, all such information technology and the licenses
 1120  thereto become the property of the program.
 1121         Section 6. Subsection (1) of section 627.706, Florida
 1122  Statutes, is amended to read:
 1123         627.706 Sinkhole insurance; catastrophic ground cover
 1124  collapse; definitions.—
 1125         (1)(a) Every insurer authorized to transact property
 1126  insurance in this state shall provide coverage for a
 1127  catastrophic ground cover collapse and shall make available, for
 1128  an appropriate additional premium, coverage for sinkhole losses
 1129  on any structure, including contents of personal property
 1130  contained therein, to the extent provided in the form to which
 1131  the coverage attaches. A policy for residential property
 1132  insurance may include a deductible amount applicable to sinkhole
 1133  losses equal to 1 percent, 2 percent, 5 percent, or 10 percent
 1134  of the policy dwelling limits, with appropriate premium
 1135  discounts offered with each deductible amount.
 1136         (b)1.Effective January 1, 2010, the provisions of this
 1137  paragraph apply to residential property insurance coverage of
 1138  properties located in high sinkhole hazard counties issued by an
 1139  admitted insurer or by Citizens Property Insurance Corporation.
 1140  “High sinkhole hazard counties” include Hernando County, Pasco
 1141  County, and any other county determined by the office to have a
 1142  similarly high likelihood of sinkhole losses, as compared with
 1143  the state as a whole, based upon available scientific,
 1144  historical, and actuarial evidence.
 1145         2.A homeowner’s multiperil insurance policy or dwelling
 1146  fire insurance policy subject to this paragraph shall include
 1147  coverage for a catastrophic ground cover collapse but shall not
 1148  include coverage for sinkhole losses. The insurer shall make
 1149  available to the policyholder an endorsement or separate policy
 1150  providing sinkhole coverage.
 1151         Section 7. This act shall take effect upon becoming a law.