Amendment
Bill No. CS/CS/HB 1171
Amendment No. 823145
CHAMBER ACTION
Senate House
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1Representative Proctor offered the following:
2
3     Amendment (with title amendment)
4     Remove everything after the enacting clause and insert:
5     Section 1.  Paragraph (k) is added to subsection (2) of
6section 627.062, Florida Statutes, to read:
7     627.062  Rate standards.--
8     (2)  As to all such classes of insurance:
9     (k)1.  Insurers complying with the requirements of s.
10627.7031 may use a rate in excess of the otherwise applicable
11filed rate.
12     2.  Policies subject to this paragraph may not be counted
13in the calculation under s. 627.171(2).
14     3.  Such rates shall be filed with the office. This
15paragraph does not affect the authority of the office to
16disapprove a rate as inadequate or to disapprove a rate filing
17for using a rating factor that is unlawful under s. 626.9541(1).
18Upon finding that an insurer has used a rating factor that is
19unlawful under s. 626.9541(1), the office may direct the insurer
20to make a filing for rates governed by this paragraph and which
21do not use such rating factor.
22
23The provisions of this subsection shall not apply to workers'
24compensation and employer's liability insurance and to motor
25vehicle insurance.
26     Section 2.  Section 627.7031, Florida Statutes, is created
27to read:
28     627.7031  Residential property insurance option.--
29     (1)  An insurer may offer or renew policies at rates
30established in accordance with s. 627.062(2)(k) if all of the
31following conditions are met:
32     (a)  The insurer is authorized to write property insurance
33in this state.
34     (b)1.  The insurer has, at the time of issuance of the
35policy or at the time of first renewal at rates pursuant to s.
36627.062(2)(k), surplus as to policyholders equal to or greater
37than $500 million as calculated based on the information in the
38insurer's most recent annual statement; or
39     2.  The insurer has, at the time of issuance of the policy
40or at the time of first renewal at rates pursuant to s.
41627.062(2)(k), a surplus as to policyholders equal to or greater
42than $200 million and a ratio of net written premium to its
43surplus as to policyholders, as calculated based on the
44information in the insurer's most recent annual statement, not
45exceeding two to one. For purposes of this subparagraph, the
46calculation of net written premium shall consider only
47reinsurance placed pursuant to s. 215.555(4) and with reinsurers
48or direct insurers that have been given a financial strength
49rating of "A-minus" or better by A.M. Best Company, or have been
50given a comparable rating by another rating agency which is
51generally considered accurate or acceptable.
52     (c)  The insurer may not purchase coverage relating to
53temporary increase in coverage limit options under s.
54215.555(17) from the Florida Hurricane Catastrophe Fund.
55     (d)  Before the issuance or renewal of a policy at rates
56established in accordance with s. 627.062(2)(k), the applicant
57or insured must be given the following notice, printed in at
58least 12-point boldfaced type:
59
60     THE RATE FOR THIS POLICY IS NOT REGULATED BY THE FLORIDA
61OFFICE OF INSURANCE REGULATION AND MAY BE HIGHER THAN RATES
62APPROVED BY THAT OFFICE. A RESIDENTIAL PROPERTY POLICY SUBJECT
63TO FULL RATE REGULATION REQUIREMENTS MAY BE AVAILABLE FROM
64ANOTHER INSURER OR CITIZENS PROPERTY INSURANCE CORPORATION.
65PLEASE DISCUSS YOUR POLICY OPTIONS WITH AN INSURANCE AGENT. YOU
66MAY WISH TO VIEW THE OFFICE OF INSURANCE REGULATION'S WEBSITE
67WWW.SHOPANDCOMPARERATES.COM FOR MORE INFORMATION ABOUT CHOICES
68AVAILABLE TO YOU.
69
70     (e)  Before the issuance of a policy at a rate established
71in accordance with s. 627.062(2)(k), or before the first renewal
72at such rate of a policy originally issued before the effective
73date of this section, the applicant or insured must:
74     1.  Be given a quote for a policy from Citizens Property
75Insurance Corporation, or for a fully rate-regulated policy from
76an admitted insurer willing to insure the risk, reflecting
77substantially similar coverages, limits, and deductibles to the
78extent available.
79     2.  Sign the following acknowledgement form, which must be
80retained by the insurer or agent for at least 3 years. If the
81acknowledgement form is signed by the insured, it is presumed
82that the insured has been informed and understands the form:
83
84
ACKNOWLEDGEMENT
85     1.  I HAVE REVIEWED THE REQUIRED DISCLOSURES AND THE
86REQUIRED PREMIUM COMPARISON.
87     2.  I UNDERSTAND THAT THE RATE FOR THIS RESIDENTIAL
88PROPERTY INSURANCE POLICY IS NOT REGULATED BY THE FLORIDA OFFICE
89OF INSURANCE REGULATION AND MAY BE HIGHER THAN RATES APPROVED BY
90THAT OFFICE.
91     3.  I UNDERSTAND THAT A RESIDENTIAL PROPERTY INSURANCE
92POLICY SUBJECT TO FULL RATE REGULATION REQUIREMENTS MAY BE
93AVAILABLE FROM ANOTHER INSURER OR CITIZENS PROPERTY INSURANCE
94CORPORATION.
95     4.  I UNDERSTAND THAT THE FLORIDA OFFICE OF INSURANCE
96REGULATION'S WEBSITE WWW.SHOPANDCOMPARERATES.COM CONTAINS
97RESIDENTIAL PROPERTY INSURANCE RATE COMPARISON INFORMATION.
98     5.  I UNDERSTAND THAT SHOULD A HURRICANE CAUSE SEVERE
99DAMAGE IN FLORIDA, A POLICYHOLDER OF CITIZENS PROPERTY INSURANCE
100CORPORATION MAY BE REQUIRED TO PAY A HIGHER ASSESSMENT THAN THE
101ASSESSMENT OTHERWISE APPLICABLE TO THIS RESIDENTIAL PROPERTY
102INSURANCE POLICY.
103
104     (2)  For policies renewed at a rate established in
105accordance with s. 627.062(2)(k), the notice described in
106paragraph (1)(d) must be furnished in writing at the same time
107as the renewal notice on a document separate from the renewal
108notice, but may be contained within the same mailing as the
109renewal notice.
110     (3)  This section does not apply to residential property
111insurance policies that exclude coverage for the perils of
112windstorm or hurricane.
113     (4)  Notwithstanding s. 627.4133, an insurer issuing a
114policy under this section shall provide the named insured
115written notice of nonrenewal, cancellation, or termination at
116least 180 days before the effective date of the nonrenewal,
117cancellation, or termination.
118     Section 3.  This act shall take effect upon becoming a law.
119
120
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121
T I T L E  A M E N D M E N T
122     Remove the entire title and insert:
123
A bill to be entitled
124An act relating to residential property insurance; amending s.
125627.062, F.S.; authorizing certain insurers to use a rate in
126excess of the otherwise applicable filed rate; prohibiting the
127consideration of certain policies when making a specified
128calculation; preserving the authority of the Office of Insurance
129Regulation to disapprove rates as inadequate or disapprove a
130rate filing for using an unlawful rating factor; authorizing the
131office to direct an insurer to make a specified type of rate
132filing under certain circumstances; creating s. 627.7031, F.S.;
133authorizing an insurer to offer or renew policies at rates
134established in accordance with specified provisions of state law
135if certain conditions are met; requiring that certain policies
136contain a specified notice; providing for applicability;
137requiring written notice of nonrenewal, cancellation, or
138termination; providing an effective date.


CODING: Words stricken are deletions; words underlined are additions.