Florida Senate - 2024                                    SB 1622
       
       
        
       By Senator Trumbull
       
       
       
       
       
       2-01148A-24                                           20241622__
    1                        A bill to be entitled                      
    2         An act relating to insurance; amending s. 624.3161,
    3         F.S.; revising the entities for which the Office of
    4         Insurance Regulation is required to conduct market
    5         conduct examinations; revising the purpose of the
    6         examination; amending s. 624.424, F.S.; requiring
    7         insurers and insurer groups to file a specified
    8         supplemental report on a monthly basis; requiring that
    9         such report include certain information for each zip
   10         code for which policies are written; amending s.
   11         624.4305, F.S.; authorizing the Financial Services
   12         Commission to adopt rules related to notice of
   13         nonrenewal of residential property insurance policies;
   14         amending s. 624.46226, F.S.; revising the requirements
   15         for public housing authority self-insurance funds;
   16         amending s. 626.9201, F.S.; prohibiting insurers from
   17         canceling or nonrenewing certain insurance policies
   18         under certain circumstances; providing exceptions;
   19         authorizing the commission to adopt rules and the
   20         Commissioner of Insurance Regulation to issue orders;
   21         providing construction; amending s. 627.062, F.S.;
   22         specifying requirements for rate filings if certain
   23         models are used; amending s. 627.351, F.S.; revising
   24         requirements for certain policies that are not subject
   25         to certain rate increase limitations; amending ss.
   26         628.011 and 628.061, F.S.; conforming provisions to
   27         changes made by the act; amending s. 628.801, F.S.;
   28         revising requirements for rules adopted for insurers
   29         that are members of an insurance holding company;
   30         deleting an obsolete date; authorizing the commission
   31         to adopt rules; amending s. 629.011, F.S.; defining
   32         terms; revising the definition of the term “reciprocal
   33         insurance”; repealing s. 629.021, F.S., relating to
   34         the definition of the term “reciprocal insurer”;
   35         repealing s. 629.031, F.S., relating to the scope of
   36         ch. 629, F.S.; amending s. 629.051, F.S.; requiring a
   37         domestic reciprocal insurer to have and use certain
   38         names; requiring certain foreign or alien reciprocal
   39         insurers to use a fictitious name; creating s.
   40         629.056, F.S.; requiring a reciprocal insurer to
   41         maintain a certain unearned premium reserves; defining
   42         the term “net written premiums”; requiring certain
   43         actions if the unearned premium reserves are less than
   44         a certain amount; repealing s. 629.061, F.S., relating
   45         to the term “attorney”; amending s. 629.071, F.S.;
   46         revising the surplus funds required of a reciprocal
   47         insurer; amending s. 629.081, F.S.; revising the
   48         procedure for persons to organize as a domestic
   49         reciprocal insurer; specifying requirements for the
   50         permit application; requiring that the application be
   51         accompanied by a specified fee; requiring the office
   52         to evaluate and grant or deny the permit application
   53         in accordance with specified provisions; amending s.
   54         629.091, F.S.; providing requirements for the
   55         application for a certificate of authority to operate
   56         as a domestic reciprocal insurer; requiring that such
   57         certificate of authority be issued in the name of the
   58         reciprocal insurer to its attorney in fact; creating
   59         s. 629.094, F.S.; requiring a domestic reciprocal
   60         insurer to meet certain requirements to maintain its
   61         eligibility for a certificate of authority; amending
   62         s. 629.101, F.S.; revising requirements for the power
   63         of attorney given by subscribers of a domestic
   64         reciprocal insurer to the attorney in fact; conforming
   65         provisions to changes made by the act; amending s.
   66         629.111, F.S.; requiring that modifications of the
   67         terms of certain agreements, charters, and powers of
   68         attorney be made jointly by the attorney in fact and
   69         the subscribers’ advisory committee; prohibiting such
   70         modifications from taking effect until approval in
   71         writing by the office; amending s. 629.121, F.S.;
   72         conforming provisions to changes made by the act;
   73         revising the amount of the bond the attorney in fact
   74         of a reciprocal insurer must file with the office;
   75         amending ss. 629.131 and 629.141, F.S.; conforming
   76         provisions to changes made by the act; amending s.
   77         629.161, F.S.; revising the requirements for a
   78         reciprocal insurer that borrows money; providing
   79         applicability; amending s. 629.171, F.S.; revising the
   80         manner of making and filing the annual statement of a
   81         reciprocal insurer; amending s. 629.191, F.S.;
   82         conforming provisions to changes made by the act;
   83         amending s. 629.201, F.S.; conforming provisions to
   84         changes made by the act; creating s. 629.225, F.S.;
   85         prohibiting persons from acquiring certain securities
   86         or ownership interests of certain attorneys in fact
   87         and controlling companies of certain attorneys in
   88         fact; providing an exception; authorizing certain
   89         persons to request that the office waive certain
   90         requirements; providing that the office may waive
   91         certain requirements if specified determinations are
   92         made; specifying the requirements of an application to
   93         the office relating to certain acquisitions; requiring
   94         that such application be accompanied by a specified
   95         fee; requiring that amendments be filed with the
   96         office under certain circumstances; specifying the
   97         manner in which the acquisition application must be
   98         reviewed; authorizing the office, and requiring the
   99         office if a request for a proceeding is filed, to
  100         conduct a proceeding within a specified timeframe to
  101         consider the appropriateness of such application;
  102         requiring that certain time periods be tolled;
  103         requiring that written requests for a proceeding be
  104         filed within a certain timeframe; authorizing certain
  105         persons to take all steps to conclude the acquisition
  106         during the pendency of the proceeding or review
  107         period; requiring the office to order a proposed
  108         acquisition disapproved and that actions to conclude
  109         the acquisition be ceased under certain circumstances;
  110         prohibiting certain persons from making certain
  111         changes during the pendency of the office’s review of
  112         an acquisition; providing an exception; defining the
  113         terms “material change in the operation of the
  114         attorney in fact” and “material change in the
  115         management of the attorney in fact”; requiring the
  116         office to approve or disapprove certain changes upon
  117         making certain findings; requiring that a proceeding
  118         be conducted within a certain timeframe; requiring
  119         that recommended orders and final orders be issued
  120         within a certain timeframe; specifying the
  121         circumstances under which the office may disapprove an
  122         acquisition; specifying that certain persons have the
  123         burden of proof; requiring the office to approve an
  124         acquisition upon certain findings; specifying that
  125         certain votes are not valid and that certain
  126         acquisitions are void; specifying that certain
  127         provisions may be enforced by an injunction; creating
  128         a private right of action in favor of the attorney in
  129         fact or the controlling company to enforce certain
  130         provisions; providing that a certain demand upon the
  131         office is not required before certain legal actions;
  132         providing that the office is not a necessary party to
  133         certain actions; specifying the persons who are deemed
  134         designated for service of process and who have
  135         submitted to the administrative jurisdiction of the
  136         office; providing that approval by the office does not
  137         constitute a certain recommendation; providing that
  138         certain actions are unlawful; providing criminal
  139         penalties; providing a statute of limitations;
  140         authorizing a person to rebut a presumption of control
  141         by filing certain disclaimers; specifying the contents
  142         of such disclaimer; specifying that, after a
  143         disclaimer is filed, the attorney in fact is relieved
  144         of a certain duty; authorizing the office to order
  145         certain persons to cease acquisition of the attorney
  146         in fact or controlling company and divest themselves
  147         of any stock or ownership interest under certain
  148         circumstances; requiring the office to suspend or
  149         revoke the reciprocal certificate of authority under
  150         certain circumstances; specifying that the attorney in
  151         fact is deemed to be hazardous to its policyholders if
  152         the reciprocal insurer is subject to suspension or
  153         revocation; authorizing the office to offer the
  154         reciprocal insurer the ability to cure any suspension
  155         or revocation under certain circumstances; providing
  156         applicability; creating s. 629.227, F.S.; specifying
  157         the information as to the background and identity of
  158         certain persons which must be furnished by such
  159         persons; amending s. 629.231, F.S.; authorizing the
  160         levy of assessments upon subscribers of certain
  161         assessable reciprocal insurers; requiring that
  162         assessments be approved in advance by certain
  163         entities; requiring the office to revoke the
  164         authorization to convert upon impairment of a surplus
  165         of a nonassessable reciprocal insurer; providing for
  166         policies that remain in force after such revocation
  167         and prohibiting reciprocal insurers from issuing new
  168         policies that do not require contingent assessment
  169         liability from new subscribers; amending ss. 629.241
  170         and 629.251, F.S.; conforming provisions to changes
  171         made by the act; repealing s. 629.261, F.S., relating
  172         to nonassessable policies; amending ss. 629.271 and
  173         629.281, F.S.; conforming provisions to changes made
  174         by the act; amending s. 629.291, F.S.; providing that
  175         certain insurers that merge are governed by the
  176         insurance code; prohibiting domestic stock insurers
  177         from being converted to reciprocal insurers; requiring
  178         that specified plans be filed with the office and that
  179         such plans contain certain information; authorizing
  180         the conversion of assessable reciprocal insurers to
  181         nonassessable reciprocal insurers under certain
  182         circumstances; providing certain procedures when
  183         certain reciprocal insurers convert; prohibiting a
  184         reciprocal insurer that becomes impaired from issuing
  185         or converting certain policies; providing
  186         applicability; amending s. 629.301, F.S.; conforming
  187         provisions to changes made by the act; revising the
  188         procedures that apply when an insurer becomes
  189         insolvent; repealing s. 629.401, F.S., relating to
  190         insurance exchanges; repealing s. 629.520, F.S.,
  191         relating to the authority of limited reciprocal
  192         insurers; creating s. 629.525, F.S.; requiring the
  193         commission to adopt, amend, or repeal certain rules;
  194         amending ss. 163.01, 624.413, 624.45, and 626.9531,
  195         F.S.; conforming provisions to changes made by the
  196         act; requiring compliance by reciprocal insurers and
  197         attorneys in fact with increased surplus requirements
  198         and bond requirements, respectively, imposed by the
  199         act by a specified date; providing an effective date.
  200          
  201  Be It Enacted by the Legislature of the State of Florida:
  202  
  203         Section 1. Subsection (1) of section 624.3161, Florida
  204  Statutes, is amended to read:
  205         624.3161 Market conduct examinations.—
  206         (1) As often as it deems necessary, The office shall, as
  207  often as it deems necessary, examine each licensed rating
  208  organization, each advisory organization, each group,
  209  association, carrier, as defined in s. 440.02, or other
  210  organization of insurers which engages in joint underwriting or
  211  joint reinsurance, the attorney in fact of each reciprocal
  212  insurer, and each authorized insurer transacting in this state
  213  any class of insurance to which the provisions of chapter 627 is
  214  are applicable. The examination must shall be for the purpose of
  215  ascertaining compliance by the person examined with the
  216  applicable provisions of chapters 440, 624, 626, 627, 629, and
  217  635.
  218         Section 2. Paragraph (a) of subsection (10) of section
  219  624.424, Florida Statutes, is amended to read:
  220         624.424 Annual statement and other information.—
  221         (10)(a) Each insurer or insurer group doing business in
  222  this state shall file, on a monthly quarterly basis in
  223  conjunction with financial reports required by paragraph (1)(a),
  224  a supplemental report on an individual and group basis on a form
  225  prescribed by the commission with information on personal lines
  226  and commercial lines residential property insurance policies in
  227  this state. The supplemental report must shall include separate
  228  information for personal lines property policies and for
  229  commercial lines property policies and totals for each item
  230  specified, including premiums written for each of the property
  231  lines of business as described in ss. 215.555(2)(c) and
  232  627.351(6)(a). The report must shall include the following
  233  information for each zip code for which policies are written
  234  county on a monthly basis:
  235         1. Total number of policies in force at the end of each
  236  month.
  237         2. Total number of policies canceled.
  238         3. Total number of policies nonrenewed.
  239         4. Number of policies canceled due to hurricane risk.
  240         5. Number of policies nonrenewed due to hurricane risk.
  241         6. Number of new policies written.
  242         7. Total dollar value of structure exposure under policies
  243  that include wind coverage.
  244         8. Number of policies that exclude wind coverage.
  245         9. Number of claims open each month.
  246         10. Number of claims closed each month.
  247         11. Number of claims pending each month.
  248         12. Number of claims in which either the insurer or insured
  249  invoked any form of alternative dispute resolution, and
  250  specifying which form of alternative dispute resolution was
  251  used.
  252         Section 3. Section 624.4305, Florida Statutes, is amended
  253  to read:
  254         624.4305 Nonrenewal of residential property insurance
  255  policies.—Any insurer planning to nonrenew more than 10,000
  256  residential property insurance policies in this state within a
  257  12-month period shall give notice in writing to the Office of
  258  Insurance Regulation for informational purposes 90 days before
  259  the issuance of any notices of nonrenewal. The notice provided
  260  to the office must set forth the insurer’s reasons for such
  261  action, the effective dates of nonrenewal, and any arrangements
  262  made for other insurers to offer coverage to affected
  263  policyholders. The commission may adopt rules to administer this
  264  section.
  265         Section 4. Paragraph (d) of subsection (1) of section
  266  624.46226, Florida Statutes, is amended to read:
  267         624.46226 Public housing authorities self-insurance funds;
  268  exemption for taxation and assessments.—
  269         (1) Notwithstanding any other provision of law, any two or
  270  more public housing authorities in the state as defined in
  271  chapter 421 may form a self-insurance fund for the purpose of
  272  pooling and spreading liabilities of its members as to any one
  273  or combination of casualty risk or real or personal property
  274  risk of every kind and every interest in such property against
  275  loss or damage from any hazard or cause and against any loss
  276  consequential to such loss or damage, provided the self
  277  insurance fund that is created:
  278         (d) Maintains a continuing program of excess insurance
  279  coverage and reinsurance reserve evaluation to protect the
  280  financial stability of the fund in an amount and manner
  281  determined by a qualified and independent actuary. The program
  282  must, at a minimum, this program must:
  283         1. Include a net retention in an amount and manner selected
  284  by the administrator, ratified by the governing body, and
  285  certified by a qualified actuary;
  286         2.Include reinsurance or Purchase excess insurance from
  287  authorized insurance carriers or eligible surplus lines
  288  insurers; and.
  289         3.Be certified by a qualified and independent actuary as
  290  to the program’s adequacy. This certification must be submitted
  291  simultaneously with the certifications required under paragraphs
  292  (b) and (c).
  293         2. Retain a per-loss occurrence that does not exceed
  294  $350,000.
  295  
  296  A for-profit or not-for-profit corporation, limited liability
  297  company, or other similar business entity in which a public
  298  housing authority holds an ownership interest or participates in
  299  its governance under s. 421.08(8) may join a self-insurance fund
  300  formed under this section in which such public housing authority
  301  participates. Such for-profit or not-for-profit corporation,
  302  limited liability company, or other similar business entity may
  303  join the self-insurance fund solely to insure risks related to
  304  public housing.
  305         Section 5. Subsection (2) of section 626.9201, Florida
  306  Statutes, is amended to read:
  307         626.9201 Notice of cancellation or nonrenewal.—
  308         (2) An insurer issuing a policy providing coverage for
  309  property, casualty, surety, or marine insurance must give the
  310  named insured written notice of cancellation or termination
  311  other than nonrenewal at least 45 days before the effective date
  312  of the cancellation or termination, including in the written
  313  notice the reasons for the cancellation or termination, except
  314  that:
  315         (a) If cancellation is for nonpayment of premium, at least
  316  10 days’ written notice of cancellation accompanied by the
  317  reason for cancellation must be given. As used in this
  318  paragraph, the term “nonpayment of premium” means the failure of
  319  the named insured to discharge when due any of his or her
  320  obligations in connection with the payment of premiums on a
  321  policy or an installment of such a premium, whether the premium
  322  or installment is payable directly to the insurer or its agent
  323  or indirectly under any plan for financing premiums or extension
  324  of credit or the failure of the named insured to maintain
  325  membership in an organization if such membership is a condition
  326  precedent to insurance coverage. The term also includes the
  327  failure of a financial institution to honor the check of an
  328  applicant for insurance which was delivered to a licensed agent
  329  for payment of a premium, even if the agent previously delivered
  330  or transferred the premium to the insurer. If a correctly
  331  dishonored check represents payment of the initial premium, the
  332  contract and all contractual obligations are void ab initio
  333  unless the nonpayment is cured within the earlier of 5 days
  334  after actual notice by certified mail is received by the
  335  applicant or 15 days after notice is sent to the applicant by
  336  certified mail or registered mail, and, if the contract is void,
  337  any premium received by the insurer from a third party must
  338  shall be refunded to that party in full; and
  339         (b) If cancellation or termination occurs during the first
  340  90 days during which the insurance is in force and if the
  341  insurance is canceled or terminated for reasons other than
  342  nonpayment, at least 20 days’ written notice of cancellation or
  343  termination accompanied by the reason for cancellation or
  344  termination must be given, except if there has been a material
  345  misstatement or misrepresentation or failure to comply with the
  346  underwriting requirements established by the insurer; and.
  347         (c)1.Upon a declaration of an emergency pursuant to s.
  348  252.36 and the filing of an order by the Commissioner of
  349  Insurance Regulation, an insurer may not cancel or nonrenew a
  350  personal residential or commercial residential property
  351  insurance policy covering a dwelling or residential property
  352  located in this state which has been damaged as a result of a
  353  hurricane that is the subject of the declaration of emergency
  354  for a period of 90 days after the dwelling or residential
  355  property has been repaired. A dwelling or residential property
  356  is deemed to be repaired when substantially completed and
  357  restored to the extent that the dwelling or residential property
  358  is insurable by another insurer that is writing policies in this
  359  state.
  360         2.An insurer or agent may cancel or nonrenew such a policy
  361  before the repair of the dwelling or residential property:
  362         a.Upon 10 days’ notice for nonpayment of premium; or
  363         b.Upon 45 days’ notice:
  364         (I)For a material misstatement or fraud related to the
  365  claim;
  366         (II)If the insurer determines that the insured has
  367  unreasonably caused a delay in the repair of the dwelling or
  368  residential property; or
  369         (III)If the insurer has paid policy limits.
  370         3.If the insurer elects to nonrenew a policy covering a
  371  dwelling or residential property that has been damaged, the
  372  insurer must provide at least 90 days’ notice to the insured
  373  that the insurer intends to nonrenew the policy 90 days after
  374  the dwelling or residential property has been repaired.
  375         4. This paragraph does not prevent the insurer from
  376  canceling or nonrenewing the policy 90 days after the repairs
  377  are complete for the same reasons the insurer would otherwise
  378  have canceled or nonrenewed the policy but for the limitation
  379  imposed in subparagraph 1.
  380         5. The commission may adopt rules, and the Commissioner of
  381  Insurance Regulation may issue orders, necessary to implement
  382  this paragraph.
  383         Section 6. Paragraph (j) of subsection (2) of section
  384  627.062, Florida Statutes, is amended to read:
  385         627.062 Rate standards.—
  386         (2) As to all such classes of insurance:
  387         (j) With respect to residential property insurance rate
  388  filings, the rate filing:
  389         1. Must account for mitigation measures undertaken by
  390  policyholders to reduce hurricane losses and windstorm losses.
  391         2. May use a modeling indication that is the weighted or
  392  straight average of two or more hurricane loss projection models
  393  found by the Florida Commission on Hurricane Loss Projection
  394  Methodology to be accurate or reliable pursuant to s. 627.0628.
  395  If an averaged model is used under this subparagraph, the same
  396  averaged model must be used throughout this state. If a weighted
  397  average is used, the insurer must provide the office with a
  398  justification for using the weighted average which shows that it
  399  results in a rate that is reasonable, adequate, and fair.
  400  
  401  The provisions of this subsection do not apply to workers’
  402  compensation, employer’s liability insurance, and motor vehicle
  403  insurance.
  404         Section 7. Paragraph (n) of subsection (6) of section
  405  627.351, Florida Statutes, is amended to read:
  406         627.351 Insurance risk apportionment plans.—
  407         (6) CITIZENS PROPERTY INSURANCE CORPORATION.—
  408         (n)1. Rates for coverage provided by the corporation must
  409  be actuarially sound pursuant to s. 627.062 and not competitive
  410  with approved rates charged in the admitted voluntary market so
  411  that the corporation functions as a residual market mechanism to
  412  provide insurance only when insurance cannot be procured in the
  413  voluntary market, except as otherwise provided in this
  414  paragraph. The office shall provide the corporation such
  415  information as would be necessary to determine whether rates are
  416  competitive. The corporation shall file its recommended rates
  417  with the office at least annually. The corporation shall provide
  418  any additional information regarding the rates which the office
  419  requires. The office shall consider the recommendations of the
  420  board and issue a final order establishing the rates for the
  421  corporation within 45 days after the recommended rates are
  422  filed. The corporation may not pursue an administrative
  423  challenge or judicial review of the final order of the office.
  424         2. In addition to the rates otherwise determined pursuant
  425  to this paragraph, the corporation shall impose and collect an
  426  amount equal to the premium tax provided in s. 624.509 to
  427  augment the financial resources of the corporation.
  428         3. After the public hurricane loss-projection model under
  429  s. 627.06281 has been found to be accurate and reliable by the
  430  Florida Commission on Hurricane Loss Projection Methodology, the
  431  model shall be considered when establishing the windstorm
  432  portion of the corporation’s rates. The corporation may use the
  433  public model results in combination with the results of private
  434  models to calculate rates for the windstorm portion of the
  435  corporation’s rates. This subparagraph does not require or allow
  436  the corporation to adopt rates lower than the rates otherwise
  437  required or allowed by this paragraph.
  438         4. The corporation must make a recommended actuarially
  439  sound rate filing for each personal and commercial line of
  440  business it writes.
  441         5. Notwithstanding the board’s recommended rates and the
  442  office’s final order regarding the corporation’s filed rates
  443  under subparagraph 1., the corporation shall annually implement
  444  a rate increase which, except for sinkhole coverage, does not
  445  exceed the following for any single policy issued by the
  446  corporation, excluding coverage changes and surcharges:
  447         a. Twelve percent for 2023.
  448         b. Thirteen percent for 2024.
  449         c. Fourteen percent for 2025.
  450         d. Fifteen percent for 2026 and all subsequent years.
  451         6. The corporation may also implement an increase to
  452  reflect the effect on the corporation of the cash buildup factor
  453  pursuant to s. 215.555(5)(b).
  454         7. The corporation’s implementation of rates as prescribed
  455  in subparagraphs 5. and 8. shall cease for any line of business
  456  written by the corporation upon the corporation’s implementation
  457  of actuarially sound rates. Thereafter, the corporation shall
  458  annually make a recommended actuarially sound rate filing that
  459  is not competitive with approved rates in the admitted voluntary
  460  market for each commercial and personal line of business the
  461  corporation writes.
  462         8. The following New or renewal personal lines policies
  463  that do not cover a primary residence written on or after
  464  November 1, 2023, are not subject to the rate increase
  465  limitations in subparagraph 5., but may not be charged more than
  466  50 percent above, nor less than, the prior year’s established
  467  rate for the corporation:
  468         a. Policies that do not cover a primary residence;
  469         b. New policies under which the coverage for the insured
  470  risk, before the date of application with the corporation, was
  471  last provided by an insurer determined by the office to be
  472  unsound or an insurer placed in receivership under chapter 631;
  473  or
  474         c. Subsequent renewals of those policies, including the new
  475  policies in sub-subparagraph b., under which the coverage for
  476  the insured risk, before the date of application with the
  477  corporation, was last provided by an insurer determined by the
  478  office to be unsound or an insurer placed in receivership under
  479  chapter 631.
  480         9. As used in this paragraph, the term “primary residence”
  481  means the dwelling that is the policyholder’s primary home or is
  482  a rental property that is the primary home of the tenant, and
  483  which the policyholder or tenant occupies for more than 9 months
  484  of each year.
  485         Section 8. Section 628.011, Florida Statutes, is amended to
  486  read:
  487         628.011 Scope of part.—This part applies only to domestic
  488  stock insurers, mutual insurers, and captive insurers, except
  489  that s. 628.341(2) applies also as to foreign and alien
  490  insurers.
  491         Section 9. Section 628.061, Florida Statutes, is amended to
  492  read:
  493         628.061 Investigation of proposed organization.—In
  494  connection with any proposal to organize incorporate a domestic
  495  insurer, the office shall make an investigation of:
  496         (1) The character, reputation, financial standing, and
  497  motives of the organizers, incorporators, and subscribers
  498  organizing the proposed insurer.
  499         (2) The character, financial responsibility, insurance
  500  experience, and business qualifications of its proposed
  501  officers.
  502         (3) The character, financial responsibility, business
  503  experience, and standing of the proposed stockholders and
  504  directors.
  505         Section 10. Subsections (1), (2), and (5) of section
  506  628.801, Florida Statutes, are amended to read:
  507         628.801 Insurance holding companies; registration;
  508  regulation.—
  509         (1) An insurer that is authorized to do business in this
  510  state and that is a member of an insurance holding company
  511  shall, on or before April 1 of each year, register with the
  512  office and file a registration statement and be subject to
  513  regulation with respect to its relationship to the holding
  514  company as provided by law or rule. The commission shall adopt
  515  rules establishing the information and statement form required
  516  for registration and the manner in which registered insurers and
  517  their affiliates are regulated. The rules apply to domestic
  518  insurers, foreign insurers, and commercially domiciled insurers,
  519  except for foreign insurers domiciled in states that are
  520  currently accredited by the NAIC. Except to the extent of any
  521  conflict with this code, the rules must include all requirements
  522  and standards of the Insurance Holding Company System Model
  523  Regulation and ss. 4 and 5 of the Insurance Holding Company
  524  System Regulatory Act and the Insurance Holding Company System
  525  Model Regulation of the NAIC, as adopted in December 2020 2010.
  526  The commission may adopt subsequent amendments thereto if the
  527  methodology remains substantially consistent. The rules may
  528  include a prohibition on oral contracts between affiliated
  529  entities. Material transactions between an insurer and its
  530  affiliates must shall be filed with the office as provided by
  531  rule.
  532         (2) Effective January 1, 2015, The ultimate controlling
  533  person of every insurer subject to registration shall also file
  534  an annual enterprise risk report on or before April 1. As used
  535  in this subsection, the term “ultimate controlling person” means
  536  a person who is not controlled by any other person. The report
  537  must, to the best of the ultimate controlling person’s knowledge
  538  and belief, must identify the material risks within the
  539  insurance holding company system that could pose enterprise risk
  540  to the insurer. The report must shall be filed with the lead
  541  state office of the insurance holding company system as
  542  determined by the procedures within the Financial Analysis
  543  Handbook adopted by the NAIC and is confidential and exempt from
  544  public disclosure as provided in s. 624.4212.
  545         (a) An insurer may satisfy this requirement by providing
  546  the office with the most recently filed parent corporation
  547  reports that have been filed with the Securities and Exchange
  548  Commission which provide the appropriate enterprise risk
  549  information.
  550         (b) The term “enterprise risk” means an activity, a
  551  circumstance, an event, or a series of events involving one or
  552  more affiliates of an insurer which, if not remedied promptly,
  553  are likely to have a materially adverse effect upon the
  554  financial condition or liquidity of the insurer or its insurance
  555  holding company system as a whole, including anything that would
  556  cause the insurer’s risk-based capital to fall into company
  557  action level as set forth in s. 624.4085 or would cause the
  558  insurer to be in a hazardous financial condition.
  559         (c)The commission may adopt rules for filing the annual
  560  enterprise risk report in accordance with the Insurance Holding
  561  Company System Regulatory Act and the Insurance Holding Company
  562  System Model Regulation of the NAIC, as adopted in December
  563  2020.
  564         (5) Effective January 1, 2015, The failure to file a
  565  registration statement, or a summary of the registration
  566  statement, or the enterprise risk filing report required by this
  567  section within the time specified for filing is a violation of
  568  this section.
  569         Section 11. Section 629.011, Florida Statutes, is amended
  570  to read:
  571         629.011 Definitions “Reciprocal insurance” defined.—As used
  572  in this part, the term:
  573         (1)“Affiliated person” of another person means any of the
  574  following:
  575         (a)The spouse of the other person.
  576         (b)The parents of the other person and their lineal
  577  descendants, or the parents of the other person’s spouse and
  578  their lineal descendants.
  579         (c)A person who directly or indirectly owns or controls,
  580  or holds with the power to vote, 10 percent or more of the
  581  outstanding voting securities of the other person.
  582         (d)A person who directly or indirectly owns 10 percent or
  583  more of the outstanding voting securities that are directly or
  584  indirectly owned or controlled, or held with the power to vote,
  585  by the other person.
  586         (e)A person or group of persons who directly or indirectly
  587  control, are controlled by, or are under common control with the
  588  other person.
  589         (f)A person who is a director, an officer, a trustee, a
  590  partner, an owner, a manager, a joint venturer, or an employee,
  591  or another person who is performing duties similar to those of a
  592  person in one of the aforementioned positions.
  593         (g)If the other person is an investment company, any
  594  investment adviser of such company or any member of an advisory
  595  board of such company.
  596         (h)If the other person is an unincorporated investment
  597  company not having a board of directors, the depositor of such
  598  company.
  599         (i)A person who has entered into an agreement, written or
  600  unwritten, to act in concert with the other person in acquiring
  601  or limiting the disposition of:
  602         1.Securities of an attorney in fact or controlling company
  603  that is a stock corporation; or
  604         2.An ownership interest of an attorney in fact or
  605  controlling company that is not a stock corporation.
  606         (2)“Attorney in factmeans the attorney in fact of a
  607  reciprocal insurer. The attorney in fact may be an individual, a
  608  corporation, or another person.
  609         (3)“Controlling company” means any person, corporation,
  610  trust, limited liability company, association, or other entity
  611  owning, directly or indirectly, 10 percent or more of the voting
  612  securities of one or more attorneys in fact that are stock
  613  corporations, or 10 percent or more of the ownership interest of
  614  one or more attorneys in fact that are not stock corporations.
  615         (4) “Reciprocal insurance” means is that resulting from an
  616  interexchange among persons, known as subscribers, of
  617  reciprocal agreements of indemnity, the interexchange being
  618  effectuated through an attorney in fact common to all such
  619  persons.
  620         (5)“Reciprocal insurer” means an insurer that is an
  621  unincorporated aggregation of subscribers domiciled in this
  622  state operating individually and collectively through an
  623  attorney in fact to provide reciprocal insurance to such
  624  subscribers. A domestic reciprocal insurer must be licensed as
  625  an assessable or a nonassessable reciprocal insurer.
  626         (a)An assessable reciprocal insurer may require that its
  627  subscribers make up any shortfall in capital and surplus to
  628  cover claims and expenses, either jointly or severally.
  629         (b)A nonassessable reciprocal insurer has no recourse
  630  against subscribers for any shortfall in capital and surplus to
  631  cover claims and expenses.
  632         Section 12. Section 629.021, Florida Statutes, is repealed.
  633         Section 13. Section 629.031, Florida Statutes, is repealed.
  634         Section 14. Section 629.051, Florida Statutes, is amended
  635  to read:
  636         629.051 Name; suits.—A reciprocal insurer shall:
  637         (1) A domestic reciprocal insurer shall have and use a
  638  business name that must. The name shall include the word
  639  “reciprocal,” or “interinsurer,” or “interinsurance,” or
  640  “exchange,” or “underwriters,” or “underwriting.,but this
  641  requirement shall not apply as to any insurer holding a
  642  certificate of authority to transact insurance in this state
  643  immediately prior to the effective date of this code.
  644         (2) A foreign or alien reciprocal insurer transacting
  645  business in this state, whose name does not include the word
  646  “reciprocal,” “interinsurer,” “interinsurance,” “exchange,”
  647  “underwriters,” or “underwriting,” shall use a fictitious name,
  648  registered in accordance with s. 865.09, which includes one of
  649  those words when transacting business in this state.
  650         (3) A reciprocal insurer may sue and be sued in its own
  651  name.
  652         Section 15. Section 629.056, Florida Statutes, is created
  653  to read:
  654         629.056 Premium reserves.—A reciprocal insurer shall at all
  655  times maintain unearned premium reserves equal to 50 percent of
  656  the net written premiums of the subscribers on policies having 1
  657  year or less to run, and pro rata on policies running for longer
  658  periods, except that all premiums on any marine or
  659  transportation insurance trip risk are deemed unearned until the
  660  trip is terminated. For the purpose of this section, the term
  661  “net written premiums” means the premium payments made by
  662  subscribers plus the premiums due from subscribers, after
  663  deducting the amounts specifically provided in the subscribers’
  664  agreements for expenses, including reinsurance costs and fees
  665  paid to the attorney in fact, provided that the power of
  666  attorney agreement contains an explicit provision requiring the
  667  attorney in fact to refund any unearned subscriber fees on a pro
  668  rata basis for canceled policies. In the absence of such a
  669  provision, the unearned premium reserves must be calculated
  670  without any adjustment for fees paid to the attorney in fact. If
  671  the unearned premium reserves at any time are less than
  672  $300,000, additional funds in cash or eligible securities must
  673  be maintained on deposit at the exchange at all times which,
  674  together with the unearned premium reserves, equal $300,000. In
  675  calculating these reserves, the amount of the attorney in fact’s
  676  bond, as filed with the office and as required by s. 629.121,
  677  must be included in such reserves. If at any time the unearned
  678  premium reserves are less than those required, the subscribers,
  679  or the attorney in fact, must advance funds to cover the
  680  deficiency. Such advances may only be repaid out of the surplus
  681  of the exchange and only after receiving written approval from
  682  the office.
  683         Section 16. Section 629.061, Florida Statutes, is repealed.
  684         Section 17. Section 629.071, Florida Statutes, is amended
  685  to read:
  686         629.071 Surplus funds required.—The surplus required of a
  687  reciprocal insurer is as required in s. 624.407 as to the kind
  688  of insurance proposed to be transacted.
  689         (1) A domestic reciprocal insurer hereunder formed, if it
  690  has otherwise complied with the applicable provisions of this
  691  code, may be authorized to transact insurance if it has and
  692  thereafter maintains surplus funds of not less than $250,000.
  693         (2) In addition to the surplus required to be maintained
  694  under subsection (1), the insurer shall have, when first so
  695  authorized, an expendable surplus of not less than $750,000.
  696         Section 18. Section 629.081, Florida Statutes, is amended
  697  to read:
  698         629.081 Organization of reciprocal insurer.—
  699         (1) Twenty-five or more persons domiciled in this state who
  700  wish to organize as a domestic reciprocal insurer may make
  701  application to the office for a permit to do so. A domestic
  702  reciprocal insurer may not be formed unless the persons so
  703  proposing have first received a permit from the office may
  704  organize a domestic reciprocal insurer and make application to
  705  the office for a certificate of authority to transact insurance.
  706         (2) The permit application, to be filed by the organizers
  707  or the proposed attorney in fact, must be in writing and made in
  708  accordance with forms prescribed by the commission. In addition
  709  to any applicable requirements of s. 628.051 or other relevant
  710  statutes, the application must include all of the following
  711  shall fulfill the requirements of and shall execute and file
  712  with the office, when applying for a certificate of authority, a
  713  declaration setting forth:
  714         (a) The name of the proposed reciprocal insurer, which must
  715  be in accordance with s. 629.051.;
  716         (b) The location of the insurer’s principal office, which
  717  must shall be the same as that of the proposed attorney in fact
  718  and must shall be maintained within this state.;
  719         (c) The kinds of insurance proposed to be transacted.;
  720         (d) The names and addresses of the original 25 or more
  721  subscribers.;
  722         (e) The proposed designation and appointment of the
  723  proposed attorney in fact and a copy of the power of attorney.;
  724         (f) The names and addresses of the officers and directors
  725  of the proposed attorney in fact, if a corporation, or of its
  726  members, if other than a corporation.;
  727         (g) The background information as specified in s. 629.227
  728  for all officers, directors, managers, and those in equivalent
  729  positions of the proposed attorney in fact as well as for any
  730  person with an ownership interest of 10 percent or more in the
  731  proposed attorney in fact.
  732         (h)The articles of incorporation and bylaws, or equivalent
  733  documents, of the proposed attorney in fact, dated within the
  734  last year and appropriately certified.
  735         (i) The proposed charter powers of the subscribers’
  736  advisory committee, and the names and terms of office of the
  737  members thereof, as well as the background information as
  738  specified in s. 629.227 for each proposed member.;
  739         (h) That all moneys paid to the reciprocal shall, after
  740  deducting therefrom any sum payable to the attorney, be held in
  741  the name of the insurer and for the purposes specified in the
  742  subscribers’ agreement;
  743         (j)(i) A copy of the proposed subscribers’ agreement.;
  744         (j) A statement that each of the original subscribers has
  745  in good faith applied for insurance of a kind proposed to be
  746  transacted, and that the insurer has received from each such
  747  subscriber the full premium or premium deposit required for the
  748  policy applied for, for a term of not less than 6 months at an
  749  adequate rate theretofore filed with and approved by the office;
  750         (k) A statement of the financial condition of the insurer,
  751  a schedule of its assets, and a statement that the surplus as
  752  required by s. 629.071 is on hand; and
  753         (l) A copy of each policy, endorsement, and application
  754  form it then proposes to issue or use.
  755         (m)A copy of the bond required under s. 629.121.
  756         (3)The filing must be accompanied by the application fee
  757  required by s. 624.501(1)(a) and such other pertinent
  758  information and documents as reasonably requested by the office.
  759         (4)The office shall evaluate and grant or deny the permit
  760  application in accordance with ss. 628.061, 628.071, and other
  761  relevant provisions of the code.
  762  
  763  Such declaration shall be acknowledged by the attorney before an
  764  officer authorized to take acknowledgments.
  765         Section 19. Section 629.091, Florida Statutes, is amended
  766  to read:
  767         629.091 Reciprocal certificate of authority.—
  768         (1)To apply for a certificate of authority as a domestic
  769  reciprocal insurer, the attorney in fact of an applicant who has
  770  previously received a permit from the office may file an
  771  application in accordance with forms prescribed by the
  772  commission which, in addition to applicable requirements of ss.
  773  624.404, 624.411, 624.413, and other relevant statutes, consists
  774  of all of the following:
  775         (a)Executed copies of any proposed or draft documents
  776  required as part of the permit application.
  777         (b)A statement affirming that all moneys paid to the
  778  reciprocal shall, after deducting therefrom any sum payable to
  779  the attorney in fact, be held in the name of the insurer and for
  780  the purposes specified in the subscribers’ agreement.
  781         (c)A statement that each of the original subscribers has
  782  in good faith applied for insurance of a kind proposed to be
  783  transacted, and that the insurer has received from each such
  784  subscriber the full premium or premium deposit required for the
  785  policy applied for, for a term of not less than 6 months at the
  786  rate that was filed with and approved by the office.
  787         (d)A copy of the bond required under s. 629.121.
  788         (e)A statement of the financial condition of the insurer,
  789  a schedule of its assets, and a statement that the surplus as
  790  required by s. 629.071 is on hand.
  791         (f)Such other pertinent information or documents as
  792  reasonably requested by the office.
  793         (2) The reciprocal certificate of authority must of a
  794  reciprocal insurer shall be issued to its attorney in the name
  795  of the reciprocal insurer to its attorney in fact.
  796         Section 20. Section 629.094, Florida Statutes, is created
  797  to read:
  798         629.094 Continued eligibility for certificate of
  799  authority.-In order to maintain its eligibility for a
  800  certificate of authority, a domestic reciprocal insurer must
  801  continue to meet all conditions required to be met under this
  802  code and the rules adopted thereunder for the initial
  803  applications for a permit and certificate of authority.
  804         Section 21. Section 629.101, Florida Statutes, is amended
  805  to read:
  806         629.101 Power of attorney.—
  807         (1) The rights and powers of the attorney in fact of a
  808  domestic reciprocal insurer are shall be as provided in the
  809  power of attorney given it by the subscribers.
  810         (2) The power of attorney must set forth all of the
  811  following:
  812         (a) The powers of the attorney in fact.;
  813         (b) That the attorney in fact is empowered to accept
  814  service of process on behalf of the insurer in actions against
  815  the insurer upon contracts exchanged.;
  816         (c) The place where the office of the attorney in fact is
  817  maintained.
  818         (d) The general services to be performed by the attorney in
  819  fact.;
  820         (e)(d) The maximum amount to be deducted from advance
  821  premiums or deposits to be paid to the attorney in fact and the
  822  general items of expense in addition to losses, to be paid by
  823  the insurer.; and
  824         (f)(e) Except as to nonassessable policies, a provision for
  825  a contingent several liability of each subscriber in a specified
  826  amount, which amount may shall be not be less than 5 times nor
  827  more than 10 times the premium or premium deposit stated in the
  828  policy.
  829         (3) The power of attorney may:
  830         (g)(a)Provide for The right of substitution of the
  831  attorney in fact and revocation of the power of attorney and
  832  rights thereunder.;
  833         (h)(b)Impose such Restrictions upon the exercise of the
  834  power as are agreed upon by the subscribers.;
  835         (i)(c) Provide for The exercise of any right reserved to
  836  the subscribers directly or through their advisory committee.;
  837  and
  838         (3)(d)The power of attorney may contain other lawful
  839  provisions deemed advisable.
  840         (4) The terms of any power of attorney or agreement
  841  collateral thereto must shall be reasonable and equitable, and
  842  no such power or agreement may shall be used or be effective in
  843  this state unless filed with the office.
  844         Section 22. Section 629.111, Florida Statutes, is amended
  845  to read:
  846         629.111 Modifications.—Modifications of the terms of the
  847  subscribers’ agreement, charter of the subscribers’ advisory
  848  committee, or of the power of attorney of a domestic reciprocal
  849  insurer must shall be made jointly by the attorney in fact and
  850  the subscribers’ advisory committee. No such modification may
  851  shall be effective retroactively, nor as to any insurance
  852  contract issued prior thereto. A modification may not take
  853  effect until filed with, and approved in writing by, the office.
  854         Section 23. Section 629.121, Florida Statutes, is amended
  855  to read:
  856         629.121 Attorney in fact’s Attorney’s bond.—
  857         (1) Concurrently with the filing of the permit application
  858  declaration provided for in s. 629.081, the attorney in fact of
  859  a domestic reciprocal insurer shall file with the office a bond
  860  in favor of this state for the benefit of all persons damaged as
  861  a result of breach by the attorney in fact of the conditions of
  862  its his or her bond as set forth in subsection (2). The bond
  863  must shall be executed by the attorney in fact and by an
  864  authorized corporate surety and is shall be subject to the
  865  approval of the office.
  866         (2) The bond must shall be in the sum of $300,000 $100,000,
  867  aggregate in form, the bond conditioned that the attorney in
  868  fact will faithfully account for all moneys and other property
  869  of the insurer coming into its his or her hands, and that it he
  870  or she will not withdraw or appropriate to its his or her own
  871  use from the funds of the insurer any moneys or property to
  872  which it he or she is not entitled under the power of attorney.
  873         (3) The bond must shall provide that it is not subject to
  874  cancellation unless 30 days’ advance notice in writing of
  875  cancellation is given both the attorney in fact and the office.
  876         Section 24. Section 629.131, Florida Statutes, is amended
  877  to read:
  878         629.131 Deposit in lieu of bond.—In lieu of the bond
  879  required under s. 629.121, the attorney in fact may maintain on
  880  deposit with the department a like amount in value of securities
  881  qualified for deposit under s. 625.52 and subject to the same
  882  conditions as the bond.
  883         Section 25. Section 629.141, Florida Statutes, is amended
  884  to read:
  885         629.141 Action on bond.—Action on the attorney in fact’s
  886  attorney’s bond or to recover against any such deposit made in
  887  lieu thereof may be brought at any time by one or more
  888  subscribers suffering loss through a violation of its conditions
  889  or by a receiver or liquidator of the insurer. Amounts recovered
  890  on the bond shall be deposited in and become part of the
  891  insurer’s funds. The total aggregate liability of the surety
  892  shall be limited to the amount of the penalty of such bond.
  893         Section 26. Section 629.161, Florida Statutes, is amended
  894  to read:
  895         629.161 Contributions to insurer.—
  896         (1)A reciprocal insurer may borrow money to defray the
  897  expenses of its organization, to provide itself with surplus
  898  funds, or for any purpose of its business, upon a written
  899  agreement that such money is required to be repaid only out of
  900  the insurer’s surplus in excess of that stipulated in such
  901  agreement. Any interest stipulated in such agreement may not
  902  constitute a liability of the insurer as to its funds other than
  903  such excess of surplus. Commission or promotion expense may not
  904  be paid in connection with any such loan.
  905         (2) Money so borrowed, together with the interest thereon
  906  if so stipulated in the agreement, may not form a part of the
  907  insurer’s legal liabilities, except as to its surplus in excess
  908  of the amount stipulated in the agreement, or be the basis of
  909  any setoff; but until repaid, financial statements filed or
  910  published by the insurer must show as a footnote to such
  911  statement the amount of the unpaid loan together with any
  912  interest accrued but unpaid.
  913         (3) Any such loan to a reciprocal insurer is subject to the
  914  approval of the office for the issue and the rate of interest to
  915  be paid. The reciprocal insurer shall, in advance of the loan,
  916  file with the office a statement of the purpose of the loan and
  917  a copy of the proposed loan agreement. The office shall
  918  disapprove any proposed loan or agreement if it finds that the
  919  loan is unnecessary or excessive for the purpose intended; that
  920  the terms of the loan agreement are not fair and equitable to
  921  the parties and to other similar lenders, if any, to the
  922  reciprocal insurer; or that the information so filed by the
  923  reciprocal insurer is inadequate.
  924         (4) Any such loan to a reciprocal insurer, or a substantial
  925  portion of such loan, must be repaid by the reciprocal insurer
  926  when no longer reasonably necessary for the purpose originally
  927  intended. A reciprocal insurer may not repay such loan or any
  928  interest on such loan unless repayment is approved in advance by
  929  the office.
  930         (5) This section does not apply to loans obtained by the
  931  reciprocal insurer in the ordinary course of business from banks
  932  and other financial institutions, or to loans secured by pledge
  933  or mortgage of assets The attorney or other parties may advance
  934  to a domestic reciprocal insurer upon reasonable terms such
  935  funds as it may require from time to time in its operations.
  936  Sums so advanced shall not be treated as a liability of the
  937  insurer and, except upon liquidation of the insurer, shall not
  938  be withdrawn or repaid except out of the insurer’s realized
  939  earned surplus in excess of its minimum required surplus. No
  940  such withdrawal or repayment shall be made without the advance
  941  approval of the office. This section does not apply as to bank
  942  loans or to loans made upon security.
  943         Section 27. Subsection (1) of section 629.171, Florida
  944  Statutes, is amended to read:
  945         629.171 Annual statement.—
  946         (1) The annual statement of a reciprocal insurer must shall
  947  be made and filed by its attorney in fact in the same manner as
  948  domestic stock insurers under s. 624.424.
  949         Section 28. Section 629.191, Florida Statutes, is amended
  950  to read:
  951         629.191 Who may be subscribers.—Individuals, partnerships,
  952  and corporations of this state may make applications for, enter
  953  into agreements for, and hold policies or contracts in or with,
  954  and be subscribers of, any domestic, foreign, or alien
  955  reciprocal insurer.
  956         Section 29. Section 629.201, Florida Statutes, is amended
  957  to read:
  958         629.201 Subscribers’ advisory committee.—
  959         (1) The advisory committee of a domestic reciprocal insurer
  960  exercising the subscribers’ rights must shall be selected under
  961  such rules as the subscribers adopt.
  962         (2) Not less than two-thirds of such committee may shall be
  963  subscribers other than the attorney in fact, or any person
  964  appointed by, employed by, representing, or having a financial
  965  interest in the attorney in fact.
  966         (3) The committee shall do all of the following:
  967         (a) Supervise the finances of the insurer.;
  968         (b) Supervise the insurer’s operations to such extent as to
  969  assure conformity with the subscribers’ agreement and power of
  970  attorney.;
  971         (c) Procure the audit of the accounts and records of the
  972  insurer and of the attorney in fact at the expense of the
  973  insurer.; and
  974         (d) Have such additional powers and functions as may be
  975  conferred by the subscribers’ agreement.
  976         Section 30. Section 629.225, Florida Statutes, is created
  977  to read:
  978         629.225 Acquisitions.—
  979         (1)A person may not, individually or in conjunction with
  980  an affiliated person of such person, directly or indirectly,
  981  conclude a tender offer or exchange offer for, enter into any
  982  agreement to exchange securities for, or otherwise finally
  983  acquire 10 percent or more of the outstanding voting securities
  984  of an attorney in fact that is a stock corporation or of a
  985  controlling company of an attorney in fact that is a stock
  986  corporation; or conclude an acquisition of, or otherwise finally
  987  acquire, 10 percent or more of the ownership interest of an
  988  attorney in fact that is not a stock corporation or of a
  989  controlling company of an attorney in fact that is not a stock
  990  corporation, unless all of the following conditions are met:
  991         (a) The person or affiliated person has filed with the
  992  office and sent to the principal office of the attorney in fact,
  993  any controlling company of the attorney in fact, and the
  994  reciprocal insurer a letter of notification regarding the
  995  transaction or proposed transaction no later than 5 days after
  996  any form of tender offer or exchange offer is proposed, or no
  997  later than 5 days after the acquisition of the securities or
  998  ownership interest if no tender offer or exchange offer is
  999  involved. The notification must be provided on forms prescribed
 1000  by the commission containing information determined necessary to
 1001  understand the transaction and identify all purchasers and
 1002  owners involved.
 1003         (b) The person or affiliated person has filed with the
 1004  office an application, signed under oath and prepared on forms
 1005  prescribed by the commission, which contains the information
 1006  specified in subsection (3). The application must be completed
 1007  and filed within 30 days after any form of tender offer or
 1008  exchange offer is proposed, or after the acquisition of the
 1009  securities if no tender offer or exchange offer is involved.
 1010         (c) The office has approved the tender offer or exchange
 1011  offer, or acquisition if no tender offer or exchange offer is
 1012  involved.
 1013         (2)The person or affiliated person filing the notice in
 1014  required in paragraph (1)(a) may additionally request that the
 1015  office waive the requirements of paragraph (1)(b), provided that
 1016  there is no change in the ultimate controlling shareholders, no
 1017  change in the ownership percentages of the ultimate controlling
 1018  shareholders, and no unaffiliated parties acquire any direct or
 1019  indirect interest in the attorney in fact. The office may waive
 1020  the filing if it determines that there is no change in the
 1021  ultimate controlling shareholders, no change in the ownership
 1022  percentages of the ultimate controlling shareholders, and no
 1023  unaffiliated parties will acquire any direct or indirect
 1024  interest in the attorney in fact.
 1025         (3) The application to be filed with the office and
 1026  furnished to the attorney in fact and controlling company must
 1027  contain all of the following information and any additional
 1028  information as the office deems necessary to determine the
 1029  character, experience, ability, and other qualifications of the
 1030  person, or the affiliated person of such person, for the
 1031  protection of the reciprocal insurer’s subscribers and of the
 1032  public:
 1033         (a)The identity and background information specified in s.
 1034  629.227 of:
 1035         1.Each person by whom, or on whose behalf, the acquisition
 1036  is to be made; and
 1037         2. Any person who controls, either directly or indirectly,
 1038  such other person, including each director, officer, trustee,
 1039  partner, owner, manager, or joint venturer, or another person
 1040  performing duties similar to those of persons in the
 1041  aforementioned positions for the person.
 1042         (b) The source and amount of the funds or other
 1043  consideration used, or to be used, in making the acquisition.
 1044         (c) Any plans or proposals that such persons may have made
 1045  to liquidate the attorney in fact or controlling company, to
 1046  sell any of their assets or merge or consolidate them with any
 1047  person, or to make any other major change in their business or
 1048  corporate structure or management, and any plans or proposals
 1049  that such persons may have made to liquidate any controlling
 1050  company of the attorney in fact, to sell any of its assets or
 1051  merge or consolidate it with any person, or to make any other
 1052  major change in its business or corporate structure or
 1053  management.
 1054         (d) The nature and the extent of the controlling interest
 1055  which the person, or the affiliated person of such person,
 1056  proposes to acquire, the terms of the proposed acquisition, and
 1057  the manner in which the controlling interest is to be acquired
 1058  of an attorney in fact or controlling company which is not a
 1059  stock corporation.
 1060         (e) The number of shares or other securities that the
 1061  person, or the affiliated person of such person, proposes to
 1062  acquire, the terms of the proposed acquisition, and the manner
 1063  in which the securities are to be acquired.
 1064         (f) Information as to any contract, arrangement, or
 1065  understanding with any party with respect to any of the
 1066  securities of the attorney in fact or controlling company,
 1067  including, but not limited to, information relating to the
 1068  transfer of any of the securities, option arrangements, puts or
 1069  calls, or the giving or withholding of proxies, which
 1070  information names the party with whom the contract, arrangement,
 1071  or understanding has been entered into and gives the details
 1072  thereof.
 1073         (4)The acquisition application must be accompanied by the
 1074  fee required under s. 624.501(1)(a).
 1075         (5)If any material change occurs in the facts provided in
 1076  the application filed with the office pursuant to this section,
 1077  or the background information required under s. 629.227, an
 1078  amendment specifying such changes must be immediately filed with
 1079  the office, and a copy of the amendment must be sent to the
 1080  principal office of the attorney in fact and to the principal
 1081  office of the controlling company.
 1082         (6)(a)The acquisition application must be reviewed in
 1083  accordance with chapter 120. The office may conduct, or, if
 1084  requested to do so in writing by a substantially affected
 1085  person, shall conduct, a proceeding to consider the
 1086  appropriateness of the proposed application. Time periods for
 1087  purposes of chapter 120 are tolled during the pendency of the
 1088  proceeding. Any written request for a proceeding must be filed
 1089  with the office within 10 days after the date notice of the
 1090  filing is given. During the pendency of the proceeding or review
 1091  period by the office, any person or affiliated person complying
 1092  with the filing requirements of this section may proceed and
 1093  take all steps necessary to conclude the acquisition so long as
 1094  finalization of the acquisition is conditioned upon obtaining
 1095  office approval. However, at any time it finds an immediate
 1096  danger to the public health, safety, and welfare of the
 1097  reciprocal insurer’s subscribers exists, the office shall
 1098  immediately order, pursuant to s. 120.569(2)(n), the proposed
 1099  acquisition disapproved and any further steps to conclude the
 1100  acquisition ceased.
 1101         (b) During the pendency of the office’s review of any
 1102  acquisition subject to this section, the acquiring person may
 1103  not make any material change in the operation of the attorney in
 1104  fact or controlling company unless the office has specifically
 1105  approved the change, and the acquiring person may not make any
 1106  material change in the management of the attorney in fact unless
 1107  advance written notice of the change in management is furnished
 1108  to the office. The term “material change in the operation of the
 1109  attorney in fact” means a transaction that disposes of or
 1110  obligates 5 percent or more of the capital and surplus of the
 1111  attorney in fact. The term “material change in the management of
 1112  the attorney in fact” means any change in management involving
 1113  officers or directors of the attorney in fact or any person of
 1114  the attorney in fact or controlling company having authority to
 1115  dispose of or obligate 5 percent or more of the attorney in
 1116  fact’s capital or surplus. The office must approve a material
 1117  change in the operation of the attorney in fact if it finds the
 1118  applicable provisions of subsection (7) have not been met. The
 1119  office may disapprove a material change in management of the
 1120  attorney in fact if it finds that the applicable provisions of
 1121  subsection (7) have been met, and in such case the attorney in
 1122  fact shall promptly change management as acceptable to the
 1123  office.
 1124         (c) If a request for a proceeding is filed, the proceeding
 1125  must be conducted within 60 days after the date the written
 1126  request for a proceeding is received by the office. A
 1127  recommended order must be issued within 20 days after the date
 1128  of the close of the proceedings. A final order must be issued
 1129  within 20 days after the date of the recommended order or, if
 1130  exceptions to the recommended order are filed, within 20 days
 1131  after the date the exceptions are filed.
 1132         (7) The office may disapprove any acquisition subject to
 1133  this section by any person, or any affiliated person of such
 1134  person, who:
 1135         (a) Willfully violates this section;
 1136         (b) In violation of an order issued by the office pursuant
 1137  to subsection (11), fails to divest himself or herself of any
 1138  stock or ownership interest obtained in violation of this
 1139  section or fails to divest himself or herself of any direct or
 1140  indirect control of such stock or ownership interest, within 25
 1141  days after such order; or
 1142         (c) In violation of an order issued by the office pursuant
 1143  to subsection (11), acquires an additional stock or ownership
 1144  interest in an attorney in fact or controlling company or direct
 1145  or indirect control of such stock or ownership interest, without
 1146  complying with this section.
 1147         (8) The person filing the application required by this
 1148  section has the burden of proof. The office must approve any
 1149  such acquisition if it finds, on the basis of the record made
 1150  during any proceeding or on the basis of the filed application
 1151  if no proceeding is conducted, that:
 1152         (a) The financial condition of the acquiring person will
 1153  not jeopardize the financial stability of the attorney in fact
 1154  or prejudice the interests of the reciprocal insurer’s
 1155  subscribers or the public.
 1156         (b) Any plan or proposal that the acquiring person has
 1157  made:
 1158         1. To liquidate the attorney in fact, sell its assets, or
 1159  merge or consolidate it with any person, or to make any other
 1160  major change in its business or corporate structure or
 1161  management, is fair and free of prejudice to the reciprocal
 1162  insurer’s subscribers or to the public; or
 1163         2. To liquidate any controlling company, sell its assets,
 1164  or merge or consolidate it with any person, or to make any major
 1165  change in its business or corporate structure or management
 1166  which would have an effect upon the attorney in fact, is fair
 1167  and free of prejudice to the reciprocal insurer’s subscribers or
 1168  to the public.
 1169         (c) The competence, experience, and integrity of those
 1170  persons who will control directly or indirectly the operation of
 1171  the attorney in fact indicate that the acquisition is in the
 1172  best interest of the reciprocal insurer’s subscribers and in the
 1173  public interest.
 1174         (d) The natural persons for whom background information is
 1175  required to be furnished pursuant to this section have such
 1176  backgrounds as to indicate that it is in the best interests of
 1177  the reciprocal insurer’s subscribers and in the public interest
 1178  to permit such persons to exercise control over the attorney in
 1179  fact.
 1180         (e) The directors and officers, if such attorney in fact or
 1181  controlling company is a stock corporation, or the trustees,
 1182  partners, owners, managers, or joint venturers, or other persons
 1183  performing duties similar to those of persons in the
 1184  aforementioned positions, if such attorney in fact or
 1185  controlling company is not a stock corporation, to be employed
 1186  after the acquisition have sufficient insurance experience and
 1187  ability to assure reasonable promise of successful operation.
 1188         (f) The management of the attorney in fact after the
 1189  acquisition will be competent and trustworthy and will possess
 1190  sufficient managerial experience so as to make the proposed
 1191  operation of the attorney in fact not hazardous to the
 1192  insurance-buying public.
 1193         (g) The management of the attorney in fact after the
 1194  acquisition will not include any person who has directly or
 1195  indirectly through ownership, control, reinsurance transactions,
 1196  or other insurance or business relations unlawfully manipulated
 1197  the assets, accounts, finances, or books of any insurer or
 1198  otherwise acted in bad faith with respect thereto.
 1199         (h) The acquisition is not likely to be hazardous or
 1200  prejudicial to the reciprocal insurer’s subscribers or to the
 1201  public.
 1202         (i) The effect of the acquisition would not substantially
 1203  lessen competition in the line of insurance for which the
 1204  reciprocal insurer is licensed or certified in this state or
 1205  would not tend to create a monopoly therein.
 1206         (9) A vote by the stockholder of record, or by any other
 1207  person, of any security acquired in contravention of this
 1208  section is not valid. Any acquisition contrary to this section
 1209  is void. Upon the petition of the attorney in fact, the
 1210  controlling company, or the reciprocal insurer, the circuit
 1211  court for the county in which the principal office of the
 1212  attorney in fact is located may, without limiting the generality
 1213  of its authority, order the issuance or entry of an injunction
 1214  or other order to enforce this section. There is a private right
 1215  of action in favor of the attorney in fact or controlling
 1216  company to enforce this section. A demand upon the office that
 1217  it perform its functions is not required as a prerequisite to
 1218  any legal action by the attorney in fact or controlling company
 1219  against another person, and the office may not be deemed a
 1220  necessary party to any action by the attorney in fact or
 1221  controlling company to enforce this section. Any person who
 1222  makes or proposes an acquisition requiring the filing of an
 1223  application pursuant to this section, or who files such an
 1224  application, is deemed to have designated the chief financial
 1225  officer, or his or her assistant or deputy or another person in
 1226  charge of his or her office, as such person’s agent for service
 1227  of process under this section and is deemed to have submitted
 1228  himself or herself to the administrative jurisdiction of the
 1229  office and to the jurisdiction of the circuit court.
 1230         (10) Any approval under this section by the office does not
 1231  constitute a recommendation by the office of the tender offer or
 1232  exchange offer, or the acquisition, if no tender offer or
 1233  exchange offer is involved. It is unlawful for a person to
 1234  represent that the office’s approval constitutes a
 1235  recommendation. A person who violates this subsection commits a
 1236  felony of the third degree, punishable as provided in s.
 1237  775.082, s. 775.083, or s. 775.084. The statute-of-limitations
 1238  period for the prosecution of an offense committed under this
 1239  subsection is 5 years.
 1240         (11) A person may rebut a presumption of control by filing
 1241  with the office a disclaimer of control with the office on a
 1242  form prescribed by the commission. The disclaimer must fully
 1243  disclose all material relationships and bases for affiliation
 1244  between the person and the attorney in fact as well as the basis
 1245  for disclaiming the affiliation. In lieu of such form, a person
 1246  or acquiring party may file with the office a copy of a Schedule
 1247  13G filed with the Securities and Exchange Commission pursuant
 1248  to Rule 13d-1(b) or (c), 17 C.F.R. s. 240.13d-1, under the
 1249  Securities Exchange Act of 1934, as amended. After a disclaimer
 1250  has been filed, the attorney in fact is relieved of any duty to
 1251  register or report under this section which may arise out of the
 1252  attorney in fact’s relationship with the person unless the
 1253  office disallows the disclaimer.
 1254         (12) If the office determines that any person, or any
 1255  affiliated person of such person, has acquired 10 percent or
 1256  more of the outstanding voting securities of an attorney in fact
 1257  or controlling company that is a stock corporation, or 10
 1258  percent or more of the ownership interest of an attorney in fact
 1259  or controlling company that is not a stock corporation, without
 1260  complying with this section, the office may order that the
 1261  person, and any affiliated person of such person, cease
 1262  acquisition of the attorney in fact or controlling company and,
 1263  if appropriate, divest itself of any stock or ownership interest
 1264  acquired in violation of this section.
 1265         (13)(a) The office shall, if necessary to protect the
 1266  public interest, suspend or revoke the reciprocal certificate of
 1267  authority of the reciprocal insurer whose attorney in fact or
 1268  controlling company is acquired in violation of this section.
 1269         (b) If a reciprocal insurer is subject to suspension or
 1270  revocation pursuant to paragraph (a), the attorney in fact is
 1271  deemed to be in such condition, or to be using or to have been
 1272  subject to such methods or practices in the conduct of its
 1273  business, as to render its further transaction of insurance
 1274  hazardous to its subscribers, creditors, or stockholders or to
 1275  the public. In such case, the office may offer the reciprocal
 1276  insurer, through its subscriber representatives, the ability to
 1277  cure any suspension or revocation by procuring another attorney
 1278  in fact acceptable to the office.
 1279         (14)This section does not apply to any acquisition of
 1280  voting securities or ownership interest of an attorney in fact
 1281  or of a controlling company by any person who is the owner of a
 1282  majority of the voting securities or ownership interest with the
 1283  approval of the office under this section or s. 629.091.
 1284         Section 31. Section 629.227, Florida Statutes, is created
 1285  to read:
 1286         629.227 Background information.—The information as to the
 1287  background and identity of each person for whom information is
 1288  required to be furnished pursuant to s. 629.081 or s. 629.225
 1289  must include, but need not be limited to, all of the following:
 1290         (1) A sworn biographical statement, on forms adopted by the
 1291  commission, which must include, but need not be limited to, the
 1292  following information:
 1293         (a)Occupations, positions of employment, and offices held
 1294  during the past 10 years, including the principal business and
 1295  address of any business, corporation, or organization where each
 1296  occupation, position of employment, or office occurred.
 1297         (b) Whether, during such 10-year period, the person was
 1298  convicted of any crime other than a traffic violation.
 1299         (c) Whether, during such 10-year period, the person has
 1300  been the subject of any proceeding for the revocation of any
 1301  license and, if so, the nature of the proceeding and the
 1302  disposition of the proceeding.
 1303         (d) Whether, during such 10-year period, the person has
 1304  been the subject of any proceeding under the bankruptcy code.
 1305         (e)Whether, during such 10-year period, any person or
 1306  other business or organization in which the person was a
 1307  director, officer, trustee, partner, owner, manager, or other
 1308  official has been subject to any proceeding under the bankruptcy
 1309  code, either during the time of that person’s tenure with the
 1310  business or organization or within 12 months thereafter.
 1311         (f)Whether, during such 10-year period, the person has
 1312  been enjoined, either temporarily or permanently, by a court of
 1313  competent jurisdiction from violating any federal or state law
 1314  regulating the business of insurance, securities, or banking, or
 1315  from carrying out any particular practice or practices in the
 1316  course of the business of insurance, securities, or banking,
 1317  together with details as to any such event.
 1318         (2)The fingerprints of each person.
 1319         (3)An authorization for release of information necessary
 1320  to investigate such person’s background.
 1321         (4)Any additional information that the office deems
 1322  necessary to determine the character, experience, ability, and
 1323  other qualifications of the person, or affiliated person of such
 1324  person, for the protection of the reciprocal insurer’s
 1325  subscribers and of the public.
 1326         Section 32. Subsection (1) of section 629.231, Florida
 1327  Statutes, is amended, and subsection (5) is added to that
 1328  section, to read:
 1329         629.231 Assessments.—
 1330         (1) Assessments may from time to time be levied upon
 1331  subscribers of an assessable a domestic reciprocal insurer who
 1332  are liable for such assessments therefor under the terms of
 1333  their policies by the attorney in fact. Any such assessment must
 1334  be approved upon approval in advance by the subscribers’
 1335  advisory committee and the office, or by the department as
 1336  receiver of the insurer.
 1337         (5) Upon impairment of surplus of a nonassessable
 1338  reciprocal insurer, the office shall revoke the authorization
 1339  under s. 629.291(5) to convert to a nonassessable reciprocal
 1340  insurer. After such revocation, any policy in force at the time
 1341  the revocation occurs remains in force for the remainder of the
 1342  period for which the premium has been paid, but the reciprocal
 1343  insurer may not issue new policies without requiring contingent
 1344  assessment liability from the new subscriber.
 1345         Section 33. Section 629.241, Florida Statutes, is amended
 1346  to read:
 1347         629.241 Time limit for assessments.—Every subscriber of a
 1348  domestic reciprocal insurer having contingent liability shall be
 1349  liable for, and shall pay his or her share of, any assessment,
 1350  as computed and limited in accordance with this chapter, if:
 1351         (1) While his or her policy is in force or within 4 years
 1352  after its termination, the subscriber is notified by either the
 1353  attorney in fact or the office of its intentions to levy such
 1354  assessment; or
 1355         (2) An order to show cause why a receiver, conservator,
 1356  rehabilitator, or liquidator of the insurer should not be
 1357  appointed is issued while the subscriber’s policy is in force or
 1358  within 4 years after its termination.
 1359         Section 34. Section 629.251, Florida Statutes, is amended
 1360  to read:
 1361         629.251 Aggregate liability.—No one policy or subscriber as
 1362  to such policy shall be assessed or charged with an aggregate of
 1363  contingent liability as to obligations incurred by a domestic
 1364  reciprocal insurer in any one calendar year in excess of the
 1365  amount provided for in the power of attorney or in the
 1366  subscribers’ agreement, computed solely upon premium earned on
 1367  such policy during that year.
 1368         Section 35. Section 629.261, Florida Statutes, is repealed.
 1369         Section 36. Subsection (2) of section 629.271, Florida
 1370  Statutes, is amended to read:
 1371         629.271 Distribution of savings.—
 1372         (2) In addition to the option provided in subsection (1), a
 1373  domestic reciprocal insurer may, upon the prior written approval
 1374  of the office, pay to its subscribers a portion of unassigned
 1375  funds of up to 10 percent of surplus, with distribution limited
 1376  to 50 percent of net income from the previous calendar year.
 1377  Such distribution may not unfairly discriminate between classes
 1378  of risks or policies, or between subscribers, but may vary as to
 1379  classes of subscribers based on the experience of the classes.
 1380         Section 37. Section 629.281, Florida Statutes, is amended
 1381  to read:
 1382         629.281 Subscribers’ share in assets.—Upon the liquidation
 1383  of a domestic reciprocal insurer, its assets remaining after
 1384  discharge of its indebtedness and policy obligations, the return
 1385  of any contributions of the attorney in fact or other persons to
 1386  its surplus made as provided in s. 629.161, and the return of
 1387  any unused premium, savings, or credits then standing on
 1388  subscribers’ accounts shall be distributed to its subscribers
 1389  who were such within the 12 months prior to the last termination
 1390  of its reciprocal certificate of authority, according to such
 1391  reasonable formula as the office approves.
 1392         Section 38. Subsections (1), (2), and (4) of section
 1393  629.291, Florida Statutes, are amended, and subsection (5) is
 1394  added to that section, to read:
 1395         629.291 Merger or conversion.—
 1396         (1) A domestic reciprocal insurer, upon affirmative vote of
 1397  not less than two-thirds of its subscribers who vote on such
 1398  merger pursuant to due notice, subject to and the approval by of
 1399  the office of the terms therefor, may merge with another
 1400  reciprocal insurer or be converted to a stock or mutual insurer,
 1401  to be thereafter governed by the applicable sections of the
 1402  Florida Insurance Code. However, a domestic stock insurer may
 1403  not be converted to a reciprocal insurer.
 1404         (2) Any such plan to merge a reciprocal insurer with
 1405  another reciprocal insurer or for conversion of the reciprocal
 1406  insurer to a stock or mutual insurer must be filed with the
 1407  office on forms adopted by the commission and must contain such
 1408  information as the office reasonable requires to evaluate the
 1409  transaction Such a stock or mutual insurer shall be subject to
 1410  the same capital or surplus requirements and shall have the same
 1411  rights as a like domestic insurer transacting like kinds of
 1412  insurance.
 1413         (4) Reinsurance of all or substantially all of the
 1414  insurance in force of a domestic reciprocal insurer in another
 1415  insurer is shall be deemed to be a merger for the purposes of
 1416  this section.
 1417         (5)(a)An assessable reciprocal insurer may be converted to
 1418  a nonassessable reciprocal insurer if:
 1419         1.The subscriber’s advisory committee approves the
 1420  application for conversion;
 1421         2.The attorney in fact submits the application on the
 1422  required application form; and
 1423         3.The office finds that the application meets the minimum
 1424  statutory requirements.
 1425         (b)If the office approves the application, the assessable
 1426  reciprocal insurer may be converted to a nonassessable
 1427  reciprocal insurer by:
 1428         1.Extinguishing the contingent liability of subscribers
 1429  under all policies then in force in this state;
 1430         2.Omitting contingent liability provisions in all policies
 1431  delivered or issued in this state after the conversion; and
 1432         3.Otherwise extinguishing the contingent liability of all
 1433  of its subscribers. However, if the reciprocal insurer is
 1434  transacting insurance as an authorized insurer in another state
 1435  and that state’s laws require the insurer to issue policies with
 1436  contingent liability provisions, the insurer may issue
 1437  contingent liability policies in that other state.
 1438         (c)If the surplus of the reciprocal insurer becomes
 1439  impaired, the insurer may no longer issue nonassessable policies
 1440  or convert assessable policies to nonassessable policies, and s.
 1441  629.301 applies.
 1442         Section 39. Subsections (1) and (2) of section 629.301,
 1443  Florida Statutes, are amended to read:
 1444         629.301 Impaired reciprocal insurers.—
 1445         (1) If the assets of a domestic reciprocal insurer are at
 1446  any time insufficient to discharge its liabilities, other than
 1447  any liability on account of funds contributed by the attorney in
 1448  fact or others, and to maintain the required surplus, its
 1449  attorney in fact shall forthwith make up the deficiency or levy
 1450  an assessment upon the subscribers for the amount needed to make
 1451  up the deficiency, but subject to the limitation set forth in
 1452  the power of attorney or policy.
 1453         (2) If the attorney in fact fails to make up such
 1454  deficiency or to make the assessment within 30 days after the
 1455  office orders him or her to do so, or if the deficiency is not
 1456  fully made up within 60 days after the date the assessment was
 1457  made, the insurer must shall be deemed insolvent and shall be
 1458  proceeded against in the same manner as any other domestic
 1459  insurer under chapter 631 and the insurance as authorized by
 1460  this code.
 1461         Section 40. Section 629.401, Florida Statutes, is repealed.
 1462         Section 41. Section 629.520, Florida Statutes, is repealed.
 1463         Section 42. Section 629.525, Florida Statutes, is created
 1464  to read:
 1465         629.525 Rulemaking authority.—The commission shall adopt,
 1466  amend, or repeal rules pursuant to chapter 120 which are
 1467  necessary to implement this chapter.
 1468         Section 43. Paragraph (h) of subsection (3) of section
 1469  163.01, Florida Statutes, is amended to read:
 1470         163.01 Florida Interlocal Cooperation Act of 1969.—
 1471         (3) As used in this section:
 1472         (h) “Local government liability pool” means a reciprocal
 1473  insurer as defined in s. 629.011 s. 629.021 or any self
 1474  insurance program created pursuant to s. 768.28(16), formed and
 1475  controlled by counties or municipalities of this state to
 1476  provide liability insurance coverage for counties,
 1477  municipalities, or other public agencies of this state, which
 1478  pool may contract with other parties for the purpose of
 1479  providing claims administration, processing, accounting, and
 1480  other administrative facilities.
 1481         Section 44. Paragraph (c) of subsection (1) of section
 1482  624.413, Florida Statutes, is amended to read:
 1483         624.413 Application for certificate of authority.—
 1484         (1) To apply for a certificate of authority, an insurer
 1485  shall file its application therefor with the office, upon a form
 1486  adopted by the commission and furnished by the office, showing
 1487  its name; location of its home office and, if an alien insurer,
 1488  its principal office in the United States; kinds of insurance to
 1489  be transacted; state or country of domicile; and such additional
 1490  information as the commission reasonably requires, together with
 1491  the following documents:
 1492         (c) If a foreign or alien reciprocal insurer, a copy of the
 1493  power of attorney of its attorney in fact and of its
 1494  subscribers’ agreement, if any, certified by the attorney in
 1495  fact; and, if a domestic reciprocal insurer, the permit
 1496  application declaration provided for in s. 629.081.
 1497         Section 45. Section 624.45, Florida Statutes, is amended to
 1498  read:
 1499         624.45 Participation of financial institutions in
 1500  reinsurance and in insurance exchanges.—Subject to applicable
 1501  laws relating to financial institutions and to any other
 1502  applicable provision of the Florida Insurance Code, any
 1503  financial institution or aggregation of such institutions may:
 1504         (1) own or control, directly or indirectly, any insurer
 1505  that which is authorized or approved by the office, that which
 1506  insurer transacts only reinsurance in this state, and that which
 1507  actively engages in reinsuring risks located in this state.
 1508         (2) Participate, directly or indirectly, as an underwriting
 1509  member or as an investor in an underwriting member of any
 1510  insurance exchange authorized in accordance with s. 629.401,
 1511  which underwriting member transacts only aggregate or specific
 1512  excess insurance over underlying self-insurance coverage for
 1513  self-insurance organizations authorized under the Florida
 1514  Insurance Code, for multiple-employer welfare arrangements, or
 1515  for workers’ compensation self-insurance trusts, in addition to
 1516  any reinsurance the underwriting member may transact.
 1517  Nothing in However, this section may not shall be deemed to
 1518  prohibit a financial institution from engaging in any presently
 1519  authorized insurance activity.
 1520         Section 46. Subsection (3) of section 626.9531, Florida
 1521  Statutes, is amended to read:
 1522         626.9531 Identification of insurers, agents, and insurance
 1523  contracts.—
 1524         (3) For the purposes of this section, the term “risk
 1525  bearing entity” means a reciprocal insurer as defined in s.
 1526  629.011 s. 629.021, a commercial self-insurance fund as defined
 1527  in s. 624.462, a group self-insurance fund as defined in s.
 1528  624.4621, a local government self-insurance fund as defined in
 1529  s. 624.4622, a self-insured public utility as defined in s.
 1530  624.46225, or an independent educational institution self
 1531  insurance fund as defined in s. 624.4623. For the purposes of
 1532  this section, the term “risk bearing entity” does not include an
 1533  authorized insurer as defined in s. 624.09.
 1534         Section 47. Reciprocal insurers licensed before July 1,
 1535  2025, shall increase their surplus as required by the amendments
 1536  made by this act to s. 629.071, Florida Statutes, by January 1,
 1537  2026. The attorney in fact of a reciprocal insurer licensed
 1538  before July 1, 2025, shall increase its bond as required by the
 1539  amendments made by this act to s. 629.121, Florida Statutes, by
 1540  January 1, 2026.
 1541         Section 48. This act shall take effect July 1, 2025.