Florida Senate - 2017 SENATOR AMENDMENT Bill No. CS/HB 359, 1st Eng. Ì690042tÎ690042 LEGISLATIVE ACTION Senate . House . . . Floor: 1a/RE/2R . 05/04/2017 10:05 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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;or30 (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;