Florida Senate - 2017 COMMITTEE AMENDMENT Bill No. CS for CS for SB 454 Ì169090*Î169090 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Rules (Flores) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Between lines 351 and 352 4 insert: 5 Section 10. Paragraph (n) of subsection (6) of section 6 627.351, Florida Statutes, is amended to read: 7 627.351 Insurance risk apportionment plans.— 8 (6) CITIZENS PROPERTY INSURANCE CORPORATION.— 9 (n)1. Rates for coverage provided by the corporation must 10 be actuarially sound and subject to s. 627.062, except as 11 otherwise provided in this paragraph. The corporation shall file 12 its recommended rates with the office at least annually. The 13 corporation shall provide any additional information regarding 14 the rates which the office requires. The office shall consider 15 the recommendations of the board and issue a final order 16 establishing the rates for the corporation within 45 days after 17 the recommended rates are filed. The corporation may not pursue 18 an administrative challenge or judicial review of the final 19 order of the office. 20 2. In addition to the rates otherwise determined pursuant 21 to this paragraph, the corporation shall impose and collect an 22 amount equal to the premium tax provided in s. 624.509 to 23 augment the financial resources of the corporation. 24 3.a. After the public hurricane loss-projection model under 25 s. 627.06281 has been found to be accurate and reliable by the 26 Florida Commission on Hurricane Loss Projection Methodology, the 27 model shall be considered when establishing the windstorm 28 portion of the corporation’s rates. The corporation may use the 29 public model results in combination with the results of private 30 models to calculate rates for the windstorm portion of the 31 corporation’s rates. This sub-subparagraphsubparagraphdoes not 32 require or allow the corporation to adopt rates lower than the 33 rates otherwise required or allowed by this paragraph. 34 b. Notwithstanding sub-subparagraph a., in a rating 35 territory located in a county that the office determines does 36 not have a reasonable degree of competition, the corporation 37 shall annually file and the office shall approve a recommended 38 rate change of 0 percent for the windstorm portion of a rate in 39 that territory if, within that territory: 40 (I) At least one of the windstorm models used by the 41 corporation indicates an increase in the windstorm portion of 42 the rate and a different such model indicates a decrease in the 43 windstorm portion of the rate; 44 (II) The combination of models used by the corporation 45 under sub-subparagraph a. to calculate the rate indicates an 46 increase for the windstorm portion of the rate; and 47 (III) At least 70 percent of residential policies covering 48 windstorm losses in the county are covered by the corporation. 49 50 This sub-subparagraph expires December 31, 2022, unless 51 reenacted by the Legislature. 52 4. The rate filings for the corporation which were approved 53 by the office and took effect January 1, 2007, are rescinded, 54 except for those rates that were lowered. As soon as possible, 55 the corporation shall begin using the lower rates that were in 56 effect on December 31, 2006, and provide refunds to 57 policyholders who paid higher rates as a result of that rate 58 filing. The rates in effect on December 31, 2006, remain in 59 effect for the 2007 and 2008 calendar years except for any rate 60 change that results in a lower rate. The next rate change that 61 may increase rates shall take effect pursuant to a new rate 62 filing recommended by the corporation and established by the 63 office, subject to this paragraph. 64 5. Beginning on July 15, 2009, and annually thereafter, the 65 corporation must make a recommended actuarially sound rate 66 filing for each personal and commercial line of business it 67 writes, to be effective no earlier than January 1, 2010. 68 6. Beginning on or after January 1, 2010, and 69 notwithstanding the board’s recommended rates and the office’s 70 final order regarding the corporation’s filed rates under 71 subparagraph 1., the corporation shall annually implement a rate 72 increase which, except for sinkhole coverage, does not exceed 10 73 percent for any single policy issued by the corporation, 74 excluding coverage changes and surcharges. 75 7. The corporation may also implement an increase to 76 reflect the effect on the corporation of the cash buildup factor 77 pursuant to s. 215.555(5)(b). 78 8. The corporation’s implementation of rates as prescribed 79 in subparagraph 6. shall cease for any line of business written 80 by the corporation upon the corporation’s implementation of 81 actuarially sound rates. Thereafter, the corporation shall 82 annually make a recommended actuarially sound rate filing for 83 each commercial and personal line of business the corporation 84 writes. 85 86 ================= T I T L E A M E N D M E N T ================ 87 And the title is amended as follows: 88 Delete line 30 89 and insert: 90 organizations; amending s. 627.351, F.S.; requiring, 91 under certain circumstances, the Citizens Property 92 Insurance Corporation to annually file and the Office 93 of Insurance Regulation to approve a 0 percent 94 recommended rate change for the windstorm portion of a 95 rate in certain rating territories; providing an 96 expiration date for the requirement; amending s. 97 627.4035, F.S.; revising