Florida Senate - 2022 COMMITTEE AMENDMENT Bill No. SB 2-D Ì698794fÎ698794 LEGISLATIVE ACTION Senate . House Comm: RCS . 05/23/2022 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Appropriations (Boyd) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 1295 - 1499 4 and insert: 5 (1) A property insurer stability unit is created within the 6 office to aid in the detection and prevention of insurer 7 insolvencies in the homeowners’ and condominium unit owners’ 8 insurance market. The following responsibilities are limited 9 only to matters related to homeowners’ and condominium unit 10 owners’ insurance. 11 (2) The insurer stability unit shall provide enhanced 12 monitoring whenever the office identifies significant concerns 13 about an insurer’s solvency, rates, proposed contracts, 14 underwriting rules, market practices, claims handling, consumer 15 complaints, litigation practices and outcomes, and any other 16 issue related to compliance with the insurance code. 17 (3) The insurer stability unit shall, at a minimum: 18 (a) Conduct a target market exam when there is reason to 19 believe that an insurer’s claims practices, rate requirements, 20 investment activities, or financial statements suggest that the 21 insurer may be in an unsound financial condition. 22 (b) Closely monitor all risk-based capital reports, own 23 risk solvency assessments, reinsurance agreements, and financial 24 statements filed by insurers selling homeowners’ and condominium 25 unit owners’ insurance policies in this state. 26 (c) Have primary responsibility to conduct annual 27 catastrophe stress tests of all domestic insurers and insurers 28 that are commercially domiciled in this state. 29 1. The insurer stability unit shall cooperate with the 30 Florida Commission on Hurricane Loss Projection Methodology to 31 select the hurricane scenarios that are used in the annual 32 catastrophe stress test. 33 2. Catastrophe stress testing must determine: 34 a. Whether an individual insurer can survive a one in 130 35 year probable maximum loss (PML), and a second event 50-year 36 return PML following a first event that exceeds a 100-year 37 return PML; and 38 b. The impact of the selected hurricane scenarios on the 39 Citizens Property Insurance Corporation, the Florida Hurricane 40 Catastrophe Fund, the Florida Insurance Guaranty Association, 41 and taxpayers. 42 (d) Update wind mitigation credits required by s. 627.711 43 and associated rules. 44 (e) Review the causes of insolvency and business practices 45 of insurers that have been referred to the department’s Division 46 of Rehabilitation and Liquidation and make recommendations to 47 prevent similar failures in the future. 48 (f) On January 1 and July 1 of each year, provide a report 49 on the status of the homeowners’ and condominium unit owners’ 50 insurance market to the Governor, the President of the Senate, 51 the Speaker of the House of Representatives, the Minority Leader 52 of the Senate, the Minority Leader of the House of 53 Representatives, and the chairs of the legislative committees 54 with jurisdiction over matters of insurance showing: 55 1. Litigation practices and outcomes of insurance 56 companies. 57 2. Percentage of homeowners and condominium unit owners who 58 obtain insurance in the voluntary market. 59 3. Percentage of homeowners and condominium unit owners who 60 obtain insurance from the Citizens Property Insurance 61 Corporation. 62 4. Profitability of the homeowners’ and condominium unit 63 owners’ lines of insurance in this state, including a comparison 64 with similar lines of insurance in other hurricane-prone states 65 and with the national average. 66 5. Average premiums charged for homeowners’ and condominium 67 unit owners’ insurance in each of the 67 counties in this state. 68 6. Results of the latest annual catastrophe stress tests of 69 all domestic insurers and insurers that are commercially 70 domiciled in this state. 71 7. The availability of reinsurance in the personal lines 72 insurance market. 73 8. The number of property and casualty insurance carriers 74 referred to the insurer stability unit for enhanced monitoring, 75 including the reason for the referral. 76 9. The number of referrals to the insurer stability unit 77 which were deemed appropriate for enhanced monitoring, including 78 the reason for the monitoring. 79 10. The name of any insurer against which delinquency 80 proceedings were instituted, including the grounds for 81 rehabilitation pursuant to s. 631.051 and the date that each 82 insurer was deemed impaired of capital or surplus, as the terms 83 impairment of capital and impairment of surplus are defined in 84 s. 631.011, or insolvent, as the term insolvency is defined in 85 s. 631.011; a concise statement of the circumstances that led to 86 the insurer’s delinquency; and a summary of the actions taken by 87 the insurer and the office to avoid delinquency. 88 11. Recommendations for improvements to the regulation of 89 homeowners’ and condominium unit owners’ insurance market and an 90 indication of whether such improvements require any change to 91 existing laws or rules. 92 12. Identification of any trends that may warrant attention 93 in the future. 94 (4) Any of the following events must trigger a referral to 95 the insurer stability unit: 96 (a) Consumer complaints related to homeowners’ insurance or 97 condominium unit owners’ insurance under s. 624.307(10), if the 98 complaints, in the aggregate, suggest a trend within the 99 marketplace and are not an isolated incident. 100 (b) There is reason to believe that an insurer who is 101 authorized to sell homeowners’ or condominium unit owners’ 102 insurance in this state has engaged in an unfair trade practice 103 under part IX of chapter 626. 104 (c) A market conduct examination determines that an insurer 105 has exhibited a pattern or practice of willful violations of an 106 unfair insurance trade practice related to claims-handling which 107 caused harm to policyholders, as prohibited by s. 108 626.9541(1)(i). 109 (d) An insurer authorized to sell homeowners’ or 110 condominium unit owners’ insurance in this state requests a rate 111 increase that exceeds 15 percent, in accordance with s. 112 627.0629(6). 113 (e) An insurer authorized to sell homeowners’ or 114 condominium unit owners’ insurance in this state violates the 115 ratio of actual or projected annual written premiums required by 116 s. 624.4095(4)(a). 117 (f) An insurer authorized to sell homeowners’ or 118 condominium unit owners’ insurance in this state files a notice 119 pursuant to s. 624.4305 advising the office that it intends to 120 nonrenew more than 10,000 residential property insurance 121 policies in this state within a 12-month period. 122 (g) A quarterly or annual financial statement required by 123 ss. 624.424 and 627.915 demonstrates that an insurer authorized 124 to sell homeowners’ or condominium unit owners’ insurance in 125 this state is in an unsound condition, as defined in s. 126 624.80(2); has exceeded its powers in a manner as described in 127 s. 624.80(3); is impaired, as defined in s. 631.011(12) or (13); 128 or is insolvent, as defined in s. 631.011. 129 (h) An insurer authorized to sell homeowners’ or 130 condominium unit owners’ insurance in this state files a 131 quarterly or annual financial statement required by ss. 624.424 132 and 627.915 which is misleading or contains material errors. 133 (i) An insurer authorized to sell homeowners’ or 134 condominium unit owners’ insurance in this state fails to timely 135 file a quarterly or annual financial statement required by ss. 136 624.424 and 627.915. 137 (j) An insurer authorized to sell homeowners’ or 138 condominium unit owners’ insurance in this state files a risk 139 based capital report that triggers a company action level event, 140 regulatory action level event, authorized control level event, 141 or mandatory control level event, as those terms are defined in 142 s. 624.4085. 143 (k) An insurer selling homeowners’ or condominium unit 144 owners’ insurance in this state that is subject to the own-risk 145 solvency assessment requirement of s. 628.8015, and fails to 146 timely file the own-risk solvency assessment. 147 (l) A reinsurance agreement creates a substantial risk of 148 insolvency for an insurer authorized to sell homeowners’ or 149 condominium unit owners’ insurance in this state, pursuant to s. 150 624.610(13). 151 (m) An insurer authorized to sell homeowners’ or 152 condominium unit owners’ insurance in this state is party to a 153 reinsurance agreement that does not create a meaningful transfer 154 of risk of loss to the reinsurer, pursuant to s. 624.610(14). 155 (n) Citizens Property Insurance Corporation is required to 156 absorb policies from an insurer that participated in the 157 corporation’s depopulation program authorized by s. 627.3511 158 within 3 years after the insurer takes policies out of the 159 corporation. 160 161 The insurer stability unit’s supervisors shall review all 162 referrals triggered by the statutory provisions to determine 163 whether enhanced scrutiny of the insurer is appropriate. 164 (5) Expenses of the insurer stability unit shall be paid 165 from moneys allocated to the Insurance Regulatory Trust Fund. 166 However, if the unit recommends that a market conduct exam or 167 targeted market exam be conducted, the reasonable cost of the 168 examination shall be paid by the person examined, in accordance 169 with s. 624.3161. 170 Section 20. Subsection (1) of section 631.031, Florida 171 Statutes, is amended to read: 172 631.031 Initiation and commencement of delinquency 173 proceeding.— 174 (1) Upon a determination by the office that one or more 175 grounds for the initiation of delinquency proceedings exist 176 pursuant to this chapter and that delinquency proceedings must 177 be initiated, the Director of the Office of Insurance Regulation 178 shall notify the department of such determination and shall 179 provide the department with all necessary documentation and 180 evidence. If the director must notify the department of a 181 determination regarding a property insurer, the notification 182 must include an affidavit that identifies the grounds for 183 rehabilitation pursuant to s. 631.051; the date that each 184 insurer was deemed impaired of capital or surplus, as the terms 185 impairment of capital and impairment of surplus are defined in 186 s. 631.011, or insolvent, as the term insolvency is defined in 187 s. 631.011; a concise statement of the circumstances that led to 188 the insurer’s delinquency; and a summary of the actions taken by 189 the insurer and the office to avoid delinquency. The department 190 shall then initiate such delinquency proceedings. 191 Section 21. Subsection (3) of section 631.398, Florida 192 Statutes, is amended to read: 193 631.398 Prevention of insolvencies.—To aid in the detection 194 and prevention of insurer insolvencies or impairments: 195 (3)(a) The department shall, no later than the conclusion 196 of any domestic insurer insolvency proceeding, prepare a summary 197 report containing such information as is in its possession 198 relating to the history and causes of such insolvency, including 199 a statement of the business practices of such insurer which led 200 to such insolvency. 201 (b) For an insolvency involving a domestic property 202 insurer, the department shall: 203 1. Begin an analysis of the history and causes of the 204 insolvency once the department is appointed by the court as 205 receiver. 206 2. Submit an initial report analyzing the history and 207 causes of the insolvency to the Governor, the President of the 208 Senate, the Speaker of the House of Representatives, and the 209 office. The initial report must be submitted no later than 4 210 months after the department is appointed as receiver. The 211 initial report shall be updated at least annually until the 212 submission of the final report. The report may not be used as 213 evidence in any proceeding brought by the department or others 214 to recover assets on behalf of the receivership estate as part 215 of its duties under s. 631.141(8). The submission of a report 216 under this subparagraph shall not be considered a waiver of any 217 evidentiary privilege the department may assert under state or 218 federal law. 219 220 ================= T I T L E A M E N D M E N T ================ 221 And the title is amended as follows: 222 Delete lines 143 - 153 223 and insert: 224 627.7154, F.S.; creating a property insurer stability 225 unit within the office for a specified purpose; 226 specifying the duties of the unit; requiring the unit 227 to provide a specified report biannually; specifying 228 requirements for such report; specifying events that 229 trigger referrals to the unit; requiring the unit’s 230 supervisors to review such referrals for a certain 231 determination; requiring unit expenses be paid from a 232 specified fund; requiring costs of examinations to be 233 paid by examined persons in a specified circumstance; 234 amending s. 631.031, F.S.; requiring certain 235 notifications by