Florida Senate - 2017                          SENATOR AMENDMENT
       Bill No. CS/HB 359, 1st Eng.
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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               Floor: 1a/RE/2R         .                                
             05/04/2017 10:05 PM       .                                
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       Senator Brandes moved the following:
       
    1         Senate Amendment to Amendment (505904) (with title
    2  amendment)
    3  
    4         Delete lines 191 - 222
    5  and insert:
    6         Section 5. Subsection (1) of section 624.407, Florida
    7  Statutes, is amended to read:
    8         624.407 Surplus required; new insurers.—
    9         (1) To receive authority to transact any one kind or
   10  combinations of kinds of insurance, as defined in part V of this
   11  chapter, an insurer applying for its original certificate of
   12  authority in this state shall possess surplus as to
   13  policyholders at least the greater of:
   14         (a) For a property and casualty insurer, $5 million, or
   15  $2.5 million for any other insurer;
   16         (b) For life insurers, 4 percent of the insurer’s total
   17  liabilities;
   18         (c) For life and health insurers, 4 percent of the
   19  insurer’s total liabilities, plus 6 percent of the insurer’s
   20  liabilities relative to health insurance;
   21         (d) For all insurers other than life insurers and life and
   22  health insurers, 10 percent of the insurer’s total liabilities;
   23         (e) Notwithstanding paragraph (a) or paragraph (d), for a
   24  domestic insurer that transacts residential property insurance
   25  and is:
   26         1. Not a wholly owned subsidiary of an insurer domiciled in
   27  any other state, $15 million.
   28         2. A wholly owned subsidiary of an insurer domiciled in any
   29  other state, $50 million; or
   30         (f) Notwithstanding paragraphs (a), (d), and (e), for a
   31  domestic insurer that only transacts limited sinkhole coverage
   32  insurance for personal lines residential property pursuant to s.
   33  627.7151, $7.5 million; or
   34         (g) Notwithstanding paragraphs (a), (d), and (e), for an
   35  insurer that only transacts residential property insurance in
   36  the form of renter’s insurance, tenant’s coverage, cooperative
   37  unit owner insurance, or any combination thereof, $10 million.
   38         Section 6. Subsection (1) of section 624.408, Florida
   39  Statutes, is amended to read:
   40         624.408 Surplus required; current insurers.—
   41         (1) To maintain a certificate of authority to transact any
   42  one kind or combinations of kinds of insurance, as defined in
   43  part V of this chapter, an insurer in this state must at all
   44  times maintain surplus as to policyholders at least the greater
   45  of:
   46         (a) Except as provided in paragraphs (e), (f), and (g),
   47  $1.5 million.
   48         (b) For life insurers, 4 percent of the insurer’s total
   49  liabilities.
   50         (c) For life and health insurers, 4 percent of the
   51  insurer’s total liabilities plus 6 percent of the insurer’s
   52  liabilities relative to health insurance.
   53         (d) For all insurers other than mortgage guaranty insurers,
   54  life insurers, and life and health insurers, 10 percent of the
   55  insurer’s total liabilities.
   56         (e) For property and casualty insurers, $4 million, except
   57  for property and casualty insurers authorized to underwrite any
   58  line of residential property insurance.
   59         (f) For residential property insurers not holding a
   60  certificate of authority before July 1, 2011, $15 million.
   61         (g) For residential property insurers holding a certificate
   62  of authority before July 1, 2011, and until June 30, 2016, $5
   63  million; on or after July 1, 2016, and until June 30, 2021, $10
   64  million; on or after July 1, 2021, $15 million.
   65         (h) Notwithstanding paragraphs (e), (f), and (g), for a
   66  domestic insurer that only transacts limited sinkhole coverage
   67  insurance for personal lines residential property pursuant to s.
   68  627.7151, $7.5 million.
   69         (i) Notwithstanding paragraphs (a), (d), and (e), for an
   70  insurer that only transacts residential property insurance in
   71  the form of renter’s insurance, tenant’s coverage, cooperative
   72  unit owner insurance, or any combination thereof, $10 million.
   73  
   74  The office may reduce the surplus requirement in paragraphs (f)
   75  and (g) if the insurer is not writing new business, has premiums
   76  in force of less than $1 million per year in residential
   77  property insurance, or is a mutual insurance company.
   78  
   79  ================= T I T L E  A M E N D M E N T ================
   80  And the title is amended as follows:
   81         Delete lines 446 - 449
   82  and insert:
   83         Florida Hurricane Catastrophe Fund; amending ss.
   84         624.407 and 624.408, F.S.; specifying the minimum
   85         surplus as to policyholders for insurers that only
   86         transact in specified forms of residential property
   87         insurance;