((LATE FILED FOR: APRIL 27 THIRD READING ))Amendment
Bill No. CS/CS/CS/HB 569
Amendment No. 441665
CHAMBER ACTION
Senate House
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1Representative Nelson offered the following:
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3     Amendment (with title amendment)
4     Between lines 108-109, insert:
5     Section 4.  Paragraph (b) of subsection (4) of section
6215.555, Florida Statutes, is amended to read:
7     215.555  Florida Hurricane Catastrophe Fund.--
8     (4)  REIMBURSEMENT CONTRACTS.--
9     (b)1.  The contract shall contain a promise by the board to
10reimburse the insurer for 45 percent, 75 percent, or 90 percent
11of its losses from each covered event in excess of the insurer's
12retention, plus 5 percent of the reimbursed losses to cover loss
13adjustment expenses.
14     2.  The insurer must elect one of the percentage coverage
15levels specified in this paragraph and may, upon renewal of a
16reimbursement contract, elect a lower percentage coverage level
17if no revenue bonds issued under subsection (6) after a covered
18event are outstanding, or elect a higher percentage coverage
19level, regardless of whether or not revenue bonds are
20outstanding. All members of an insurer group must elect the same
21percentage coverage level. Any joint underwriting association,
22risk apportionment plan, or other entity created under s.
23627.351 must elect the 90-percent coverage level.
24     3.  The contract shall provide that reimbursement amounts
25shall not be reduced by reinsurance paid or payable to the
26insurer from other sources.
27     4.  Notwithstanding any other provision contained in this
28section, the board shall make available to insurers that
29purchased coverage provided by this subparagraph in 2008 2007,
30insurers qualifying as limited apportionment companies under s.
31627.351(6)(c), and insurers that have been approved to
32participate in the Insurance Capital Build-Up Incentive Program
33pursuant to s. 215.5595 a contract or contract addendum that
34provides an additional amount of reimbursement coverage of up to
35$10 million. The premium to be charged for this additional
36reimbursement coverage shall be 50 percent of the additional
37reimbursement coverage provided, which shall include one prepaid
38reinstatement. The minimum retention level that an eligible
39participating insurer must retain associated with this
40additional coverage layer is 30 percent of the insurer's surplus
41as of December 31, 2008, for the 2009-2010 contract year; as of
42December 31, 2009, for the contract year beginning June 1, 2010,
43and ending December 31, 2010; and as of December 31, 2010, for
44the 2011 contract year 2007. This coverage shall be in addition
45to all other coverage that may be provided under this section.
46The coverage provided by the fund under this subparagraph shall
47be in addition to the claims-paying capacity as defined in
48subparagraph (c)1., but only with respect to those insurers that
49select the additional coverage option and meet the requirements
50of this subparagraph. The claims-paying capacity with respect to
51all other participating insurers and limited apportionment
52companies that do not select the additional coverage option
53shall be limited to their reimbursement premium's proportionate
54share of the actual claims-paying capacity otherwise defined in
55subparagraph (c)1. and as provided for under the terms of the
56reimbursement contract. The optional coverage retention as
57specified shall be accessed before the mandatory coverage under
58the reimbursement contract, but once the limit of coverage
59selected under this option is exhausted, the insurer's retention
60under the mandatory coverage shall apply. This coverage shall
61apply and be paid concurrently with the mandatory coverage.
62Coverage provided in the reimbursement contract shall not be
63affected by the additional premiums paid by participating
64insurers exercising the additional coverage option allowed in
65this subparagraph. This subparagraph expires on December May 31,
662011 2009.
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T I T L E  A M E N D M E N T
73     Remove line 18 and insert:
74requirements applicable to payment instruments; amending s.
75215.555, F.S.; revising the dates of an insurer's contract year
76for purposes of calculating the insurer's retention; revising
77reimbursement contract coverage payment provisions; extending
78application of provisions relating to reimbursement contracts;
79providing


CODING: Words stricken are deletions; words underlined are additions.