Florida Senate - 2025                                    SB 1448
       
       
        
       By Senator DiCeglie
       
       
       
       
       
       18-01382-25                                           20251448__
    1                        A bill to be entitled                      
    2         An act relating to annual rate increases for coverages
    3         by Citizens Property Insurance Corporation; amending
    4         s. 627.351, F.S.; providing that the required annual
    5         rate increases and the limits on such increases for
    6         coverages by Citizens Property Insurance Corporation
    7         do not apply to new policies issued after a specified
    8         date or to subsequent renewals of such policies;
    9         providing an effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Paragraph (n) of subsection (6) of section
   14  627.351, Florida Statutes, is amended to read:
   15         627.351 Insurance risk apportionment plans.—
   16         (6) CITIZENS PROPERTY INSURANCE CORPORATION.—
   17         (n)1. Rates for coverage provided by the corporation must
   18  be actuarially sound pursuant to s. 627.062 and not competitive
   19  with approved rates charged in the admitted voluntary market so
   20  that the corporation functions as a residual market mechanism to
   21  provide insurance only when insurance cannot be procured in the
   22  voluntary market, except as otherwise provided in this
   23  paragraph. The office shall provide the corporation such
   24  information as would be necessary to determine whether rates are
   25  competitive. The corporation shall file its recommended rates
   26  with the office at least annually. The corporation shall provide
   27  any additional information regarding the rates which the office
   28  requires. The office shall consider the recommendations of the
   29  board and issue a final order establishing the rates for the
   30  corporation within 45 days after the recommended rates are
   31  filed. The corporation may not pursue an administrative
   32  challenge or judicial review of the final order of the office.
   33         2. In addition to the rates otherwise determined pursuant
   34  to this paragraph, the corporation shall impose and collect an
   35  amount equal to the premium tax provided in s. 624.509 to
   36  augment the financial resources of the corporation.
   37         3. After the public hurricane loss-projection model under
   38  s. 627.06281 has been found to be accurate and reliable by the
   39  Florida Commission on Hurricane Loss Projection Methodology, the
   40  model shall be considered when establishing the windstorm
   41  portion of the corporation’s rates. The corporation may use the
   42  public model results in combination with the results of private
   43  models to calculate rates for the windstorm portion of the
   44  corporation’s rates. This subparagraph does not require or allow
   45  the corporation to adopt rates lower than the rates otherwise
   46  required or allowed by this paragraph.
   47         4. The corporation must make a recommended actuarially
   48  sound rate filing for each personal and commercial line of
   49  business it writes.
   50         5. Notwithstanding the board’s recommended rates and the
   51  office’s final order regarding the corporation’s filed rates
   52  under subparagraph 1., the corporation shall annually implement
   53  a rate increase which, except for sinkhole coverage, does not
   54  exceed the following for any single policy issued by the
   55  corporation, excluding coverage changes and surcharges:
   56         a. Twelve percent for 2023.
   57         b. Thirteen percent for 2024.
   58         c. Fourteen percent for 2025.
   59         d. Fifteen percent for 2026 and all subsequent years.
   60         6. The corporation may also implement an increase to
   61  reflect the effect on the corporation of the cash buildup factor
   62  pursuant to s. 215.555(5)(b).
   63         7. The corporation’s implementation of rates as prescribed
   64  in subparagraphs 5. and 8. shall cease for any line of business
   65  written by the corporation upon the corporation’s implementation
   66  of actuarially sound rates. Thereafter, the corporation shall
   67  annually make a recommended actuarially sound rate filing that
   68  is not competitive with approved rates in the admitted voluntary
   69  market for each commercial and personal line of business the
   70  corporation writes.
   71         8. New or renewal personal lines policies that do not cover
   72  a primary residence are not subject to the rate increase
   73  limitations in subparagraph 5., but may not be charged more than
   74  50 percent above, nor less than, the prior year’s established
   75  rate for the corporation.
   76         9. As used in this paragraph, the term “primary residence”
   77  means the dwelling that is the policyholder’s primary home or is
   78  a rental property that is the primary home of the tenant, and
   79  which the policyholder or tenant occupies for more than 9 months
   80  of each year.
   81         10.The requirements of subparagraph 5. do not apply to new
   82  policies issued by the corporation after June 1, 2025, including
   83  when such policies are subsequently renewed by the corporation.
   84         Section 2. This act shall take effect July 1, 2025.