Florida Senate - 2015                                    SB 1292
       
       
        
       By Senator Bean
       
       
       
       
       
       4-01108A-15                                           20151292__
    1                        A bill to be entitled                      
    2         An act relating to property insurance; amending s.
    3         215.555, F.S.; providing that an insurer’s projected
    4         payout shall be treated as the insurer’s coverage
    5         amount under certain circumstances; amending s.
    6         626.854, F.S.; revising applicability of provisions
    7         relating to claims based on a state of emergency;
    8         amending s. 627.062, F.S.; revising the factors
    9         considered by the Office of Insurance Regulation when
   10         reviewing rate filings; amending s. 627.0628, F.S.;
   11         providing that an insurer is not prohibited from using
   12         specified averages for rate filings; amending s.
   13         627.0629, F.S.; deleting certain residential property
   14         insurance filing requirements; revising private market
   15         reinsurance criteria; amending s. 627.351, F.S.;
   16         exempting certain personal lines residential
   17         structures and single condominium units from annual
   18         rate increases; amending s. 627.3518, F.S.; limiting
   19         eligibility for coverage by the corporation for
   20         personal lines risk; providing an effective date.
   21          
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. Paragraph (d) of subsection (5) of section
   25  215.555, Florida Statutes, is amended, and paragraph (c) of
   26  subsection (4) of that section is republished, to read:
   27         215.555 Florida Hurricane Catastrophe Fund.—
   28         (4) REIMBURSEMENT CONTRACTS.—
   29         (c)1. The contract shall also provide that the obligation
   30  of the board with respect to all contracts covering a particular
   31  contract year shall not exceed the actual claims-paying capacity
   32  of the fund up to a limit of $17 billion for that contract year,
   33  unless the board determines that there is sufficient estimated
   34  claims-paying capacity to provide $17 billion of capacity for
   35  the current contract year and an additional $17 billion of
   36  capacity for subsequent contract years. If the board makes such
   37  a determination, the estimated claims-paying capacity for the
   38  particular contract year shall be determined by adding to the
   39  $17 billion limit one-half of the fund’s estimated claims-paying
   40  capacity in excess of $34 billion. However, the dollar growth in
   41  the limit may not increase in any year by an amount greater than
   42  the dollar growth of the balance of the fund as of December 31,
   43  less any premiums or interest attributable to optional coverage,
   44  as defined by rule which occurred over the prior calendar year.
   45         2. In May and October of the contract year, the board shall
   46  publish in the Florida Administrative Register a statement of
   47  the fund’s estimated borrowing capacity, the fund’s estimated
   48  claims-paying capacity, and the projected balance of the fund as
   49  of December 31. After the end of each calendar year, the board
   50  shall notify insurers of the estimated borrowing capacity,
   51  estimated claims-paying capacity, and the balance of the fund as
   52  of December 31 to provide insurers with data necessary to assist
   53  them in determining their retention and projected payout from
   54  the fund for loss reimbursement purposes. In conjunction with
   55  the development of the premium formula, as provided for in
   56  subsection (5), the board shall publish factors or multiples
   57  that assist insurers in determining their retention and
   58  projected payout for the next contract year. For all regulatory
   59  and reinsurance purposes, an insurer may calculate its projected
   60  payout from the fund as its share of the total fund premium for
   61  the current contract year multiplied by the sum of the projected
   62  balance of the fund as of December 31 and the estimated
   63  borrowing capacity for that contract year as reported under this
   64  subparagraph.
   65         (5) REIMBURSEMENT PREMIUMS.—
   66         (d) All premiums paid to the fund under reimbursement
   67  contracts shall be treated as premium for approved reinsurance
   68  for all accounting and regulatory purposes, and the insurer’s
   69  projected payout if calculated under subparagraph (4)(c)2. shall
   70  be treated as the insurer’s coverage amount.
   71         Section 2. Paragraph (b) of subsection (11) of section
   72  626.854, Florida Statutes, is amended to read:
   73         626.854 “Public adjuster” defined; prohibitions.—The
   74  Legislature finds that it is necessary for the protection of the
   75  public to regulate public insurance adjusters and to prevent the
   76  unauthorized practice of law.
   77         (11)
   78         (b) A public adjuster may not charge, agree to, or accept
   79  from any source compensation, payment, commission, fee, or any
   80  other thing of value in excess of:
   81         1. Ten percent of the amount of insurance claim payments
   82  made by the insurer for claims based on events that are the
   83  subject of a declaration of a state of emergency by the
   84  Governor. This provision applies to claims made during the year
   85  after the declaration of emergency. After that year, the
   86  limitations in subparagraph 2. apply.
   87         2. Twenty percent of the amount of insurance claim payments
   88  made by the insurer for claims that are not based on events that
   89  are the subject of a declaration of a state of emergency by the
   90  Governor.
   91         Section 3. Paragraph (b) of subsection (2) of section
   92  627.062, Florida Statutes, is amended to read:
   93         627.062 Rate standards.—
   94         (2) As to all such classes of insurance:
   95         (b) Upon receiving a rate filing, the office shall review
   96  the filing to determine if a rate is excessive, inadequate, or
   97  unfairly discriminatory. In making that determination, the
   98  office shall, in accordance with generally accepted and
   99  reasonable actuarial techniques, consider the following factors:
  100         1. Past and prospective loss experience within and without
  101  this state.
  102         2. Past and prospective expenses.
  103         3. The degree of competition among insurers for the risk
  104  insured.
  105         4. Investment income reasonably expected by the insurer,
  106  consistent with the insurer’s investment practices, from
  107  investable premiums anticipated in the filing, plus any other
  108  expected income from currently invested assets representing the
  109  amount expected on unearned premium reserves and loss reserves.
  110  The commission may adopt rules using reasonable techniques of
  111  actuarial science and economics to specify the manner in which
  112  insurers calculate investment income attributable to classes of
  113  insurance written in this state and the manner in which
  114  investment income is used to calculate insurance rates. Such
  115  manner must contemplate allowances for an underwriting profit
  116  factor and full consideration of investment income that produces
  117  a reasonable rate of return; however, investment income from
  118  invested surplus may not be considered.
  119         5. The reasonableness of the judgment reflected in the
  120  filing.
  121         6. Dividends, savings, or unabsorbed premium deposits
  122  allowed or returned to policyholders, members, or subscribers in
  123  this state.
  124         7. The adequacy of loss reserves.
  125         8. The cost of reinsurance. The office may not disapprove a
  126  rate as excessive solely due to the insurer having obtained
  127  catastrophic reinsurance to cover the insurer’s estimated 250
  128  year probable maximum loss or any lower level of loss.
  129         9. Trend factors, including trends in actual losses per
  130  insured unit for the insurer making the filing.
  131         10. Conflagration and catastrophe hazards, if applicable.
  132         11. Projected hurricane losses, if applicable, which must
  133  be estimated using a model, or method, or weighted average of
  134  models independently found to be acceptable or reliable by the
  135  Florida Commission on Hurricane Loss Projection Methodology, and
  136  as further provided in s. 627.0628.
  137         12. Projected flood losses for personal residential
  138  property insurance, if applicable, which may be estimated using
  139  a model or method, or a straight average of model results or
  140  output ranges, independently found to be acceptable or reliable
  141  by the Florida Commission on Hurricane Loss Projection
  142  Methodology and as further provided in s. 627.0628.
  143         13. A reasonable margin for underwriting profit and
  144  contingencies.
  145         14. The cost of medical services, if applicable.
  146         15. Other relevant factors that affect the frequency or
  147  severity of claims or expenses.
  148  
  149  The provisions of this subsection do not apply to workers’
  150  compensation, employer’s liability insurance, and motor vehicle
  151  insurance.
  152         Section 4. Paragraph (d) of subsection (3) of section
  153  627.0628, Florida Statutes, is amended to read:
  154         627.0628 Florida Commission on Hurricane Loss Projection
  155  Methodology; public records exemption; public meetings
  156  exemption.—
  157         (3) ADOPTION AND EFFECT OF STANDARDS AND GUIDELINES.—
  158         (d) With respect to a rate filing under s. 627.062, an
  159  insurer shall employ and may not modify or adjust actuarial
  160  methods, principles, standards, models, or output ranges found
  161  by the commission to be accurate or reliable in determining
  162  hurricane loss factors for use in a rate filing under s.
  163  627.062. An insurer shall employ and may not modify or adjust
  164  models found by the commission to be accurate or reliable in
  165  determining probable maximum loss levels pursuant to paragraph
  166  (b) with respect to a rate filing under s. 627.062 made more
  167  than 60 days after the commission has made such findings. This
  168  paragraph does not prohibit an insurer from averaging together
  169  the using a straight average of model results or output ranges
  170  or using a weighted average for the purposes of a rate filing
  171  for personal lines residential flood insurance coverage under s.
  172  627.062.
  173         Section 5. Subsections (2) and (5) of section 627.0629,
  174  Florida Statutes, are amended to read:
  175         627.0629 Residential property insurance; rate filings.—
  176         (2)(a) A rate filing for residential property insurance
  177  made on or before the implementation of paragraph (b) may
  178  include rate factors that reflect the manner in which building
  179  code enforcement in a particular jurisdiction addresses the risk
  180  of wind damage; however, such a rate filing must also provide
  181  for variations from such rate factors on an individual basis
  182  based on an inspection of a particular structure by a licensed
  183  home inspector, which inspection may be at the cost of the
  184  insured.
  185         (b) A rate filing for residential property insurance made
  186  more than 150 days after approval by the office of a building
  187  code rating factor plan submitted by a statewide rating
  188  organization shall include positive and negative rate factors
  189  that reflect the manner in which building code enforcement in a
  190  particular jurisdiction addresses risk of wind damage. The rate
  191  filing shall include variations from standard rate factors on an
  192  individual basis based on inspection of a particular structure
  193  by a licensed home inspector. If an inspection is requested by
  194  the insured, the insurer may require the insured to pay the
  195  reasonable cost of the inspection. This paragraph applies to
  196  structures constructed or renovated after the implementation of
  197  this paragraph.
  198         (c) The premium notice shall specify the amount by which
  199  the rate has been adjusted as a result of this subsection and
  200  shall also specify the maximum possible positive and negative
  201  adjustments that are approved for use by the insurer under this
  202  subsection.
  203         (4)(5)An In order to provide an appropriate transition
  204  period, an insurer may implement an approved rate filing for
  205  residential property insurance over a period of years. Such
  206  insurer must provide an informational notice to the office
  207  setting out its schedule for implementation of the phased-in
  208  rate filing. The insurer may include in its rate the actual cost
  209  of private market reinsurance as provided in ss. 627.062(2)(b)8.
  210  and 215.555(4)(c)2. and (5)(d) that corresponds to available
  211  coverage of the Temporary Increase in Coverage Limits, TICL,
  212  from the Florida Hurricane Catastrophe Fund. The insurer may
  213  also include the cost of reinsurance to replace the TICL
  214  reduction implemented pursuant to s. 215.555(16)(d)9. However,
  215  this cost for reinsurance may not include any expense or profit
  216  load or result in a total annual base rate increase in excess of
  217  10 percent.
  218         Section 6. Paragraph (n) of subsection (6) of section
  219  627.351, Florida Statutes, is amended to read:
  220         627.351 Insurance risk apportionment plans.—
  221         (6) CITIZENS PROPERTY INSURANCE CORPORATION.—
  222         (n)1. Rates for coverage provided by the corporation must
  223  be actuarially sound and subject to s. 627.062, except as
  224  otherwise provided in this paragraph. The corporation shall file
  225  its recommended rates with the office at least annually. The
  226  corporation shall provide any additional information regarding
  227  the rates which the office requires. The office shall consider
  228  the recommendations of the board and issue a final order
  229  establishing the rates for the corporation within 45 days after
  230  the recommended rates are filed. The corporation may not pursue
  231  an administrative challenge or judicial review of the final
  232  order of the office.
  233         2. In addition to the rates otherwise determined pursuant
  234  to this paragraph, the corporation shall impose and collect an
  235  amount equal to the premium tax provided in s. 624.509 to
  236  augment the financial resources of the corporation.
  237         3. After the public hurricane loss-projection model under
  238  s. 627.06281 has been found to be accurate and reliable by the
  239  Florida Commission on Hurricane Loss Projection Methodology, the
  240  model shall serve as the minimum benchmark for determining the
  241  windstorm portion of the corporation’s rates. This subparagraph
  242  does not require or allow the corporation to adopt rates lower
  243  than the rates otherwise required or allowed by this paragraph.
  244         4. The rate filings for the corporation which were approved
  245  by the office and took effect January 1, 2007, are rescinded,
  246  except for those rates that were lowered. As soon as possible,
  247  the corporation shall begin using the lower rates that were in
  248  effect on December 31, 2006, and provide refunds to
  249  policyholders who paid higher rates as a result of that rate
  250  filing. The rates in effect on December 31, 2006, remain in
  251  effect for the 2007 and 2008 calendar years except for any rate
  252  change that results in a lower rate. The next rate change that
  253  may increase rates shall take effect pursuant to a new rate
  254  filing recommended by the corporation and established by the
  255  office, subject to this paragraph.
  256         5. Beginning on July 15, 2009, and annually thereafter, the
  257  corporation must make a recommended actuarially sound rate
  258  filing for each personal and commercial line of business it
  259  writes, to be effective no earlier than January 1, 2010.
  260         6. Beginning on or after January 1, 2010, and
  261  Notwithstanding the board’s recommended rates and the office’s
  262  final order regarding the corporation’s filed rates under
  263  subparagraph 1., the corporation shall annually implement a rate
  264  increase which, except for sinkhole coverage or a personal lines
  265  residential structure that has a dwelling replacement cost of
  266  less than $900,000, or a single condominium unit that has a
  267  combined dwelling and contents replacement cost of less than
  268  $900,000, does not exceed 10 percent for any single policy
  269  issued by the corporation, excluding coverage changes and
  270  surcharges.
  271         7. The corporation may also implement an increase to
  272  reflect the effect on the corporation of the cash buildup factor
  273  pursuant to s. 215.555(5)(b).
  274         8. The corporation’s implementation of rates as prescribed
  275  in subparagraph 6. shall cease for any line of business written
  276  by the corporation upon the corporation’s implementation of
  277  actuarially sound rates. Thereafter, the corporation shall
  278  annually make a recommended actuarially sound rate filing for
  279  each commercial and personal line of business the corporation
  280  writes.
  281         Section 7. Subsection (5) of section 627.3518, Florida
  282  Statutes, is amended to read:
  283         627.3518 Citizens Property Insurance Corporation
  284  policyholder eligibility clearinghouse program.—The purpose of
  285  this section is to provide a framework for the corporation to
  286  implement a clearinghouse program by January 1, 2014.
  287         (5) Notwithstanding s. 627.3517, any applicant for new
  288  coverage from the corporation is not eligible for coverage from
  289  the corporation if provided an offer of coverage from an
  290  authorized insurer through the program at a premium that is at
  291  or below the eligibility threshold established in s.
  292  627.351(6)(c)5.a. Whenever an offer of coverage for a personal
  293  lines risk is received for a policyholder of the corporation at
  294  renewal from an authorized insurer through the program, if the
  295  offer exceeds 5 percent of is equal to or less than the
  296  corporation’s renewal premium for comparable coverage, the risk
  297  is not eligible for coverage with the corporation. In the event
  298  an offer of coverage for a new applicant is received from an
  299  authorized insurer through the program, and the premium offered
  300  exceeds the eligibility threshold contained in s.
  301  627.351(6)(c)5.a., the applicant or insured may elect to accept
  302  such coverage, or may elect to accept or continue coverage with
  303  the corporation. In the event an offer of coverage for a
  304  personal lines risk is received from an authorized insurer at
  305  renewal through the program, and the premium offered is more
  306  than 5 percent of the corporation’s renewal premium for
  307  comparable coverage, the insured may elect to accept such
  308  coverage, or may elect to accept or continue coverage with the
  309  corporation. Section 627.351(6)(c)5.a.(I) does not apply to an
  310  offer of coverage from an authorized insurer obtained through
  311  the program. An applicant for coverage from the corporation who
  312  was declared ineligible for coverage at renewal by the
  313  corporation in the previous 36 months due to an offer of
  314  coverage pursuant to this subsection shall be considered a
  315  renewal under this section if the corporation determines that
  316  the authorized insurer making the offer of coverage pursuant to
  317  this subsection continues to insure the applicant and increased
  318  the rate on the policy in excess of the increase allowed for the
  319  corporation under s. 627.351(6)(n)6., combined with the amount
  320  contemplated for eligibility under this subsection.
  321         Section 8. This act shall take effect upon becoming a law.