Florida Senate - 2019 COMMITTEE AMENDMENT Bill No. CS for CS for SB 714 Ì712076+Î712076 LEGISLATIVE ACTION Senate . House Comm: RCS . 04/08/2019 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Banking and Insurance (Brandes) recommended the following: 1 Senate Substitute for Amendment (454254) (with title 2 amendment) 3 4 Delete lines 342 - 345 5 and insert: 6 Section 9. Subsection (4) of section 626.914, Florida 7 Statutes, is amended to read: 8 626.914 Definitions.—As used in this Surplus Lines Law, the 9 term: 10 (4) “Diligent effort” means seeking coverage from and 11 having been rejected by at least three authorized insurers 12 currently writing this type of coverage and documenting these 13 rejections. However, if the residential structure has a dwelling 14 replacement cost of $700,000$1 millionor more, the term means 15 seeking coverage from and having been rejected by at least one 16 authorized insurer currently writing this type of coverage and 17 documenting this rejection. 18 Section 10. Paragraph (d) of subsection (3) of section 19 627.062, Florida Statutes, is amended to read: 20 627.062 Rate standards.— 21 (3) 22 (d)1. Personal lines residential property insurance with a 23 dwelling replacement limit of $700,000 or more which is written 24 or renewed pursuant to s. 627.1711 and the following categories 25 or kinds of insurance and types of commercial lines risks are 26 not subject to paragraph (2)(a) or paragraph (2)(f): 27 a. Excess or umbrella. 28 b. Surety and fidelity. 29 c. Boiler and machinery and leakage and fire extinguishing 30 equipment. 31 d. Errors and omissions. 32 e. Directors and officers, employment practices, fiduciary 33 liability, and management liability. 34 f. Intellectual property and patent infringement liability. 35 g. Advertising injury and Internet liability insurance. 36 h. Property risks rated under a highly protected risks 37 rating plan. 38 i. General liability. 39 j. Nonresidential property, except for collateral 40 protection insurance as defined in s. 624.6085. 41 k. Nonresidential multiperil. 42 l. Excess property. 43 m. Burglary and theft. 44 n. Travel insurance, if issued as a master group policy 45 with a situs in another state where each certificateholder pays 46 less than $30 in premium for each covered trip and where the 47 insurer has written less than $1 million in annual written 48 premiums in the travel insurance product in this state during 49 the most recent calendar year. 50 o. Medical malpractice for a facility that is not a 51 hospital licensed under chapter 395, a nursing home licensed 52 under part II of chapter 400, or an assisted living facility 53 licensed under part I of chapter 429. 54 p. Medical malpractice for a health care practitioner who 55 is not a dentist licensed under chapter 466, a physician 56 licensed under chapter 458, an osteopathic physician licensed 57 under chapter 459, a chiropractic physician licensed under 58 chapter 460, a podiatric physician licensed under chapter 461, a 59 pharmacist licensed under chapter 465, or a pharmacy technician 60 registered under chapter 465. 61 q. Any other commercial lines categories or kinds of 62 insurance or types of commercial lines risks that the office 63 determines should not be subject to paragraph (2)(a) or 64 paragraph (2)(f) because of the existence of a competitive 65 market for such insurance or similarity of such insurance to 66 other categories or kinds of insurance not subject to paragraph 67 (2)(a) or paragraph (2)(f), or to improve the general 68 operational efficiency of the office. 69 2. Insurers or rating organizations shall establish and use 70 rates, rating schedules, or rating manuals to allow the insurer 71 a reasonable rate of return on insurance and risks described in 72 subparagraph 1. which are written in this state. 73 3. An insurer shall notify the office of any changes to 74 rates for insurance and risks described in subparagraph 1. 75 within 30 days after the effective date of the change. The 76 notice must include the name of the insurer, the type or kind of 77 insurance subject to rate change, and the average statewide 78 percentage change in rates. Actuarial data with regard to rates 79 for such risks must be maintained by the insurer for 2 years 80 after the effective date of changes to those rates and are 81 subject to examination by the office. The office may require the 82 insurer to incur the costs associated with an examination. Upon 83 examination, the office, in accordance with generally accepted 84 and reasonable actuarial techniques, shall consider the rate 85 factors in paragraphs (2)(b), (c), and (d) and the standards in 86 paragraph (2)(e) to determine if the rate is excessive, 87 inadequate, or unfairly discriminatory. 88 4. A rating organization shall notify the office of any 89 changes to loss cost for insurance and risks described in 90 subparagraph 1. within 30 days after the effective date of the 91 change. The notice must include the name of the rating 92 organization, the type or kind of insurance subject to a loss 93 cost change, loss costs during the immediately preceding year 94 for the type or kind of insurance subject to the loss cost 95 change, and the average statewide percentage change in loss 96 cost. Actuarial data with regard to changes to loss cost for 97 risks not subject to paragraph (2)(a) or paragraph (2)(f) must 98 be maintained by the rating organization for 2 years after the 99 effective date of the change and are subject to examination by 100 the office. The office may require the rating organization to 101 incur the costs associated with an examination. Upon 102 examination, the office, in accordance with generally accepted 103 and reasonable actuarial techniques, shall consider the rate 104 factors in paragraphs (2)(b)-(d) and the standards in paragraph 105 (2)(e) to determine if the rate is excessive, inadequate, or 106 unfairly discriminatory. 107 Section 11. Section 627.1711, Florida Statutes, is created 108 to read: 109 627.1711 Alternative personal lines residential property 110 insurance rates.—In each calendar year, the sum of personal 111 lines residential property insurance policies issued or renewed 112 by an insurer using rates established under s. 627.062(3)(d) 113 plus personal lines residential property insurance policies 114 issued or renewed using rates established under s. 627.171 may 115 not exceed 5 percent of all personal lines residential insurance 116 policies written or renewed by the insurer. 117 Section 12. Subsection (1) of section 627.4102, Florida 118 Statutes, is amended to read: 119 627.4102 Informational filing of forms.— 120 (1) Property and casualty forms, excludingexceptworkers’ 121 compensation and personal lines forms, but including residential 122 property insurance with rates established pursuant to s. 123 627.062(3)(d), are exempt from the approval process required 124 under s. 627.410 if: 125 (a) The form has been electronically submitted to the 126 office in an informational filing made through I-File 30 days 127 before the delivery or issuance for delivery of the form within 128 this state; and 129 (b) At the time the informational filing is made, a 130 notarized certification is attached to the filing that certifies 131 that each form within the filing is in compliance with all 132 applicable state laws and rules. The certification must be on 133 the insurer’s letterhead and signed and dated by the insurer’s 134 president, chief executive officer, general counsel, or an 135 employee of the insurer responsible for the filing on behalf of 136 the insurer. The certification must contain the following 137 statement, and no other language: “I, ...(name)..., as 138 ...(title)... of ...(insurer name)..., do hereby certify that 139 this form filing has been thoroughly and diligently reviewed by 140 me and by all appropriate company personnel, as well as company 141 consultants, if applicable, and certify that each form contained 142 within the filing is in compliance with all applicable Florida 143 laws and rules. Should a form be found not to be in compliance 144 with Florida laws and rules, I acknowledge that the Office of 145 Insurance Regulation shall disapprove the form.” 146 Section 13. Paragraph (b) of subsection (3) and subsection 147 (4) of section 626.916, Florida Statutes, are amended, and 148 subsection (5) is added to that section, to read: 149 626.916 Eligibility for export.— 150 (3) 151 (b) Except for personal lines insurance covering a 152 residential structure that has a dwelling replacement cost of 153 $700,000 or more, paragraphs (1)(a)-(d) do not apply to classes 154 of insurance which are subject to s. 627.062(3)(d)1. These 155 classes may be exportable under the following conditions: 156 1. The insurance must be placed only by or through a 157 surplus lines agent licensed in this state; 158 2. The insurer must be made eligible under s. 626.918; and 159 3. The insured must sign a disclosure that substantially 160 provides the following: “You are agreeing to place coverage in 161 the surplus lines market. Superior coverage may be available in 162 the admitted market and at a lesser cost. Persons insured by 163 surplus lines carriers are not protected under the Florida 164 Insurance Guaranty Act with respect to any right of recovery for 165 the obligation of an insolvent unlicensed insurer.” If the 166 notice is signed by the insured, the insured is presumed to have 167 been informed and to know that other coverage may be available, 168 and, with respect to the diligent-effort requirement under 169 subsection (1), there is no liability on the part of, and no 170 cause of action arises against, the retail agent presenting the 171 form. 172 173 ================= T I T L E A M E N D M E N T ================ 174 And the title is amended as follows: 175 Delete line 42 176 and insert: 177 service organizations; amending s. 626.914, F.S.; 178 revising the definition of the term “diligent effort” 179 as used in the Surplus Lines Law; amending s. 627.062, 180 F.S.; specifying applicable rate standards and 181 requirements for certain personal lines residential 182 property insurance; creating s. 627.1711, F.S.; 183 providing a limitation on certain personal lines 184 residential property insurance policies that may be 185 written or renewed by an insurer each calendar year; 186 amending s. 627.4102, F.S.; providing an exemption, if 187 certain conditions are met, from a form approval 188 process for certain personal lines residential 189 property insurance forms; amending s. 626.916, F.S.; 190 specifying applicable requirements before certain 191 personal lines residential property insurance may be 192 exported;