Florida Senate - 2015                                    SB 1006
       
       
        
       By Senator Flores
       
       
       
       
       
       37-00847-15                                           20151006__
    1                        A bill to be entitled                      
    2         An act relating to the depopulation of Citizens
    3         Property Insurance Corporation; amending s. 627.3511,
    4         F.S.; requiring the corporation to provide specified
    5         notice to a policyholder and to receive specified
    6         written consent from such policyholder before the
    7         removal of the policyholder’s residential property
    8         insurance policy from the corporation by an insurer;
    9         prohibiting an insurer that removes a policy from the
   10         corporation from annually increasing the rate for the
   11         renewal of a replacement policy by more than a
   12         specified amount for a specified number of terms;
   13         conforming cross-references; amending ss. 627.351 and
   14         627.3517, F.S.; conforming cross-references; providing
   15         an effective date.
   16          
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Present subsections (2) through (7) of section
   20  627.3511, Florida Statutes, are redesignated as subsections (3)
   21  through (8), respectively, a new subsection (2) is added to that
   22  section, and present subsection (5) and present paragraph (b) of
   23  subsection (6) of that section are amended, to read:
   24         627.3511 Depopulation of Citizens Property Insurance
   25  Corporation.—
   26         (2)CONSENT OF POLICYHOLDERS.—Before an insurer may remove
   27  a residential property insurance policy from the corporation
   28  under this section by issuance of a new policy upon expiration
   29  or cancellation of the corporation policy or by assumption of
   30  the corporation’s obligations with respect to an in-force
   31  policy, the corporation must:
   32         (a) Provide written notice to the policyholder that
   33  explains each difference in coverage and rate which exists
   34  between the corporation policy and the policy offered by the
   35  insurer seeking removal.
   36         (b) Obtain written consent from the policyholder which
   37  indicates that the policyholder, after receipt of the notice
   38  required under paragraph (a), approves the removal.
   39         (6)(5) APPLICABILITY.—
   40         (a)1. The take-out bonus provided by subsection (3) (2) and
   41  the exemption from assessment provided by paragraph (4)(a)
   42  (3)(a) apply only if the corporation policy is replaced by a
   43  standard policy including wind coverage or, if consistent with
   44  the insurer’s underwriting rules filed with the office, a basic
   45  policy including wind coverage; however, for risks located in
   46  areas where coverage through the coastal account of the
   47  corporation is available, the replacement policy need not
   48  provide wind coverage. The insurer must renew the replacement
   49  policy at approved rates, subject to subparagraph 2., on
   50  substantially similar terms for four additional 1-year terms,
   51  unless canceled or not renewed by the policyholder. If an
   52  insurer assumes the corporation’s obligations for a policy, it
   53  must issue a replacement policy for a 1-year term upon
   54  expiration of the corporation policy and must renew the
   55  replacement policy at approved rates, subject to subparagraph
   56  2., on substantially similar terms for four additional 1-year
   57  terms, unless canceled or not renewed by the policyholder. For
   58  each replacement policy canceled or nonrenewed by the insurer
   59  for any reason during the 5-year coverage period, the insurer
   60  must remove from the corporation one additional policy covering
   61  a risk similar to the risk covered by the canceled or nonrenewed
   62  policy. In addition, the corporation must place the bonus moneys
   63  in escrow for 5 years; such moneys may be released from escrow
   64  only to pay claims. If the policy is canceled or nonrenewed
   65  before the end of the 5-year period, the amount of the take-out
   66  bonus must be prorated for the time period the policy was
   67  insured. A take-out bonus provided by subsection (3) (2) or
   68  subsection (7) (6) is not premium income for purposes of taxes
   69  and assessments under the Florida Insurance Code and remains the
   70  property of the corporation, subject to the prior security
   71  interest of the insurer under the escrow agreement until it is
   72  released from escrow; after it is released from escrow it is
   73  considered an asset of the insurer and credited to the insurer’s
   74  capital and surplus.
   75         2. With respect to the renewal of any single replacement
   76  policy, an insurer may not implement an annual increase in the
   77  rate which exceeds 10 percent, excluding coverage changes and
   78  surcharges, for the first three 1-year terms of renewal.
   79         (b) It is the intent of the Legislature that an insurer
   80  eligible for the exemption under paragraph (4)(a) (3)(a)
   81  establish a preference in appointment of agents for those agents
   82  who lose a substantial amount of business as a result of risks
   83  being removed from the corporation.
   84         (7)(6) COMMERCIAL RESIDENTIAL TAKE-OUT PLANS.—
   85         (b) In order for a plan to qualify for approval:
   86         1. At least 40 percent of the policies removed from the
   87  corporation under the plan must be located in Miami-Dade,
   88  Broward, and Palm Beach Counties, or at least 30 percent of the
   89  policies removed from the corporation under the plan must be
   90  located in such counties and an additional 50 percent of the
   91  policies removed from the corporation must be located in other
   92  coastal counties.
   93         2.a. The insurer must renew the replacement policy at
   94  approved rates, subject to sub-subparagraph b., on substantially
   95  similar terms for two additional 1-year terms, unless canceled
   96  or nonrenewed by the insurer for a lawful reason other than
   97  reduction of hurricane exposure. If an insurer assumes the
   98  corporation’s obligations for a policy, it must issue a
   99  replacement policy for a 1-year term upon expiration of the
  100  corporation policy and must renew the replacement policy at
  101  approved rates, subject to sub-subparagraph b., on substantially
  102  similar terms for two additional 1-year terms, unless canceled
  103  by the insurer for a lawful reason other than reduction of
  104  hurricane exposure. For each replacement policy canceled or
  105  nonrenewed by the insurer for any reason during the 3-year
  106  coverage period required by this subparagraph, the insurer must
  107  remove from the corporation one additional policy covering a
  108  risk similar to the risk covered by the canceled or nonrenewed
  109  policy.
  110         b. With respect to the renewal of any single replacement
  111  policy, an insurer may not implement an annual increase in the
  112  rate which exceeds 10 percent, excluding coverage changes and
  113  surcharges.
  114         Section 2. Paragraph (q) of subsection (6) of section
  115  627.351, Florida Statutes, is amended to read:
  116         627.351 Insurance risk apportionment plans.—
  117         (6) CITIZENS PROPERTY INSURANCE CORPORATION.—
  118         (q)1. The corporation shall certify to the office its needs
  119  for annual assessments as to a particular calendar year, and for
  120  any interim assessments that it deems to be necessary to sustain
  121  operations as to a particular year pending the receipt of annual
  122  assessments. Upon verification, the office shall approve such
  123  certification, and the corporation shall levy such annual or
  124  interim assessments. Such assessments shall be prorated as
  125  provided in paragraph (b). The corporation shall take all
  126  reasonable and prudent steps necessary to collect the amount of
  127  assessments due from each assessable insurer, including, if
  128  prudent, filing suit to collect the assessments, and the office
  129  may provide such assistance to the corporation it deems
  130  appropriate. If the corporation is unable to collect an
  131  assessment from any assessable insurer, the uncollected
  132  assessments shall be levied as an additional assessment against
  133  the assessable insurers and any assessable insurer required to
  134  pay an additional assessment as a result of such failure to pay
  135  shall have a cause of action against such nonpaying assessable
  136  insurer. Assessments shall be included as an appropriate factor
  137  in the making of rates. The failure of a surplus lines agent to
  138  collect and remit any regular or emergency assessment levied by
  139  the corporation is considered to be a violation of s. 626.936
  140  and subjects the surplus lines agent to the penalties provided
  141  in that section.
  142         2. The governing body of any unit of local government, any
  143  residents of which are insured by the corporation, may issue
  144  bonds as defined in s. 125.013 or s. 166.101 from time to time
  145  to fund an assistance program, in conjunction with the
  146  corporation, for the purpose of defraying deficits of the
  147  corporation. In order to avoid needless and indiscriminate
  148  proliferation, duplication, and fragmentation of such assistance
  149  programs, any unit of local government, any residents of which
  150  are insured by the corporation, may provide for the payment of
  151  losses, regardless of whether or not the losses occurred within
  152  or outside of the territorial jurisdiction of the local
  153  government. Revenue bonds under this subparagraph may not be
  154  issued until validated pursuant to chapter 75, unless a state of
  155  emergency is declared by executive order or proclamation of the
  156  Governor pursuant to s. 252.36 making such findings as are
  157  necessary to determine that it is in the best interests of, and
  158  necessary for, the protection of the public health, safety, and
  159  general welfare of residents of this state and declaring it an
  160  essential public purpose to permit certain municipalities or
  161  counties to issue such bonds as will permit relief to claimants
  162  and policyholders of the corporation. Any such unit of local
  163  government may enter into such contracts with the corporation
  164  and with any other entity created pursuant to this subsection as
  165  are necessary to carry out this paragraph. Any bonds issued
  166  under this subparagraph shall be payable from and secured by
  167  moneys received by the corporation from emergency assessments
  168  under sub-subparagraph (b)3.d., and assigned and pledged to or
  169  on behalf of the unit of local government for the benefit of the
  170  holders of such bonds. The funds, credit, property, and taxing
  171  power of the state or of the unit of local government shall not
  172  be pledged for the payment of such bonds.
  173         3.a. The corporation shall adopt one or more programs
  174  subject to approval by the office for the reduction of both new
  175  and renewal writings in the corporation. Beginning January 1,
  176  2008, any program the corporation adopts for the payment of
  177  bonuses to an insurer for each risk the insurer removes from the
  178  corporation shall comply with s. 627.3511(3) s. 627.3511(2) and
  179  may not exceed the amount referenced in s. 627.3511(3) s.
  180  627.3511(2) for each risk removed. The corporation may consider
  181  any prudent and not unfairly discriminatory approach to reducing
  182  corporation writings, and may adopt a credit against assessment
  183  liability or other liability that provides an incentive for
  184  insurers to take risks out of the corporation and to keep risks
  185  out of the corporation by maintaining or increasing voluntary
  186  writings in counties or areas in which corporation risks are
  187  highly concentrated and a program to provide a formula under
  188  which an insurer voluntarily taking risks out of the corporation
  189  by maintaining or increasing voluntary writings will be relieved
  190  wholly or partially from assessments under sub-subparagraph
  191  (b)3.a. However, any “take-out bonus” or payment to an insurer
  192  must be conditioned on the property being insured for at least 5
  193  years by the insurer at rates authorized under s. 627.3511,
  194  unless canceled or nonrenewed by the policyholder. If the policy
  195  is canceled or nonrenewed by the policyholder before the end of
  196  the 5-year period, the amount of the take-out bonus must be
  197  prorated for the time period the policy was insured. When the
  198  corporation enters into a contractual agreement for a take-out
  199  plan, the producing agent of record of the corporation policy is
  200  entitled to retain any unearned commission on such policy, and
  201  the insurer shall either:
  202         (I) Pay to the producing agent of record of the policy, for
  203  the first year, an amount which is the greater of the insurer’s
  204  usual and customary commission for the type of policy written or
  205  a policy fee equal to the usual and customary commission of the
  206  corporation; or
  207         (II) Offer to allow the producing agent of record of the
  208  policy to continue servicing the policy for a period of not less
  209  than 1 year and offer to pay the agent the insurer’s usual and
  210  customary commission for the type of policy written. If the
  211  producing agent is unwilling or unable to accept appointment by
  212  the new insurer, the new insurer shall pay the agent in
  213  accordance with sub-sub-subparagraph (I).
  214         b. Any credit or exemption from regular assessments adopted
  215  under this subparagraph shall last no longer than the 3 years
  216  following the cancellation or expiration of the policy by the
  217  corporation. With the approval of the office, the board may
  218  extend such credits for an additional year if the insurer
  219  guarantees an additional year of renewability for all policies
  220  removed from the corporation, or for 2 additional years if the
  221  insurer guarantees 2 additional years of renewability for all
  222  policies so removed.
  223         c. There shall be no credit, limitation, exemption, or
  224  deferment from emergency assessments to be collected from
  225  policyholders pursuant to sub-subparagraph (b)3.d.
  226         4. The plan shall provide for the deferment, in whole or in
  227  part, of the assessment of an assessable insurer, other than an
  228  emergency assessment collected from policyholders pursuant to
  229  sub-subparagraph (b)3.d., if the office finds that payment of
  230  the assessment would endanger or impair the solvency of the
  231  insurer. In the event an assessment against an assessable
  232  insurer is deferred in whole or in part, the amount by which
  233  such assessment is deferred may be assessed against the other
  234  assessable insurers in a manner consistent with the basis for
  235  assessments set forth in paragraph (b).
  236         5. Effective July 1, 2007, in order to evaluate the costs
  237  and benefits of approved take-out plans, if the corporation pays
  238  a bonus or other payment to an insurer for an approved take-out
  239  plan, it shall maintain a record of the address or such other
  240  identifying information on the property or risk removed in order
  241  to track if and when the property or risk is later insured by
  242  the corporation.
  243         6. Any policy taken out, assumed, or removed from the
  244  corporation is, as of the effective date of the take-out,
  245  assumption, or removal, direct insurance issued by the insurer
  246  and not by the corporation, even if the corporation continues to
  247  service the policies. This subparagraph applies to policies of
  248  the corporation and not policies taken out, assumed, or removed
  249  from any other entity.
  250         7. For a policy taken out, assumed, or removed from the
  251  corporation, the insurer may, for a period of no more than 3
  252  years, continue to use any of the corporation’s policy forms or
  253  endorsements that apply to the policy taken out, removed, or
  254  assumed without obtaining approval from the office for use of
  255  such policy form or endorsement.
  256         Section 3. Section 627.3517, Florida Statutes, is amended
  257  to read:
  258         627.3517 Consumer choice.—No provision of s. 627.351, s.
  259  627.3511, or s. 627.3515 shall be construed to impair the right
  260  of any insurance risk apportionment plan policyholder, upon
  261  receipt of any keepout or take-out offer, to retain his or her
  262  current agent, so long as that agent is duly licensed and
  263  appointed by the insurance risk apportionment plan or otherwise
  264  authorized to place business with the insurance risk
  265  apportionment plan. This right shall not be canceled, suspended,
  266  impeded, abridged, or otherwise compromised by any rule, plan of
  267  operation, or depopulation plan, whether through keepout, take
  268  out, midterm assumption, or any other means, of any insurance
  269  risk apportionment plan or depopulation plan, including, but not
  270  limited to, those described in s. 627.351, s. 627.3511, or s.
  271  627.3515. The commission shall adopt any rules necessary to
  272  cause any insurance risk apportionment plan or market assistance
  273  plan under such sections to demonstrate that the operations of
  274  the plan do not interfere with, promote, or allow interference
  275  with the rights created under this section. If the
  276  policyholder’s current agent is unable or unwilling to be
  277  appointed with the insurer making the take-out or keepout offer,
  278  the policyholder shall not be disqualified from participation in
  279  the appropriate insurance risk apportionment plan because of an
  280  offer of coverage in the voluntary market. An offer of full
  281  property insurance coverage by the insurer currently insuring
  282  either the ex-wind or wind-only coverage on the policy to which
  283  the offer applies shall not be considered a take-out or keepout
  284  offer. Any rule, plan of operation, or plan of depopulation,
  285  through keepout, take-out, midterm assumption, or any other
  286  means, of any property insurance risk apportionment plan under
  287  s. 627.351(2) or (6) is subject to ss. 627.351(2)(b) and (6)(c)
  288  and 627.3511(5) 627.3511(4).
  289         Section 4. This act shall take effect July 1, 2015.