Florida Senate - 2024                                    SB 1668
       
       
        
       By Senator DiCeglie
       
       
       
       
       
       18-00361F-24                                          20241668__
    1                        A bill to be entitled                      
    2         An act relating to the Florida Hurricane Catastrophe
    3         Fund and reinsurance assistance; amending s. 215.555,
    4         F.S.; specifying the retention multiple for specified
    5         contracts; deleting obsolete language; providing the
    6         adjusted retention multiple for insurers electing the
    7         100-percent coverage level; requiring that the
    8         reimbursement contract contain a promise by the State
    9         Board of Administration to reimburse the insurer a
   10         specified percentage of its losses and applicable loss
   11         adjustment expenses; specifying the loss adjustment
   12         expense for specified contracts and rates; modifying
   13         the contract obligation of the board for a contract
   14         year; conforming provisions to changes made by the
   15         act; deleting provisions regarding reimbursements;
   16         requiring that the hurricane loss portion of a
   17         specified formula be determined by averaging the
   18         results of certain catastrophe models; authorizing,
   19         rather than requiring, a certain formula to provide
   20         for a cash build-up factor; requiring the cash build
   21         up factor to be frozen beginning in a specified
   22         contract year and to freeze for a specified period
   23         ending by a specified date; requiring that the savings
   24         realized as a result of the freeze of the cash build
   25         up factor be passed to the consumers; requiring the
   26         board to file certain premiums with the Office of
   27         Insurance Regulation; requiring the office to review
   28         such premiums; prohibiting certain costs from being
   29         added to the cost of the reimbursement contracts;
   30         making technical changes; amending s. 215.5551, F.S.;
   31         revising definitions applicable to the Reinsurance to
   32         Assist Policyholders (RAP) program; defining the term
   33         “eligible RAP insurer”; deleting the definition of the
   34         term “RAP qualification ratio”; authorizing, rather
   35         than requiring, eligible RAP insurers to purchase RAP
   36         coverage under a certain program; revising
   37         reimbursement under the RAP program; revising the
   38         requirements of reimbursement contracts; deleting
   39         calculations for specified amounts of losses to
   40         determine reimbursement under the program; deleting
   41         insurer eligibility requirements; deleting provisions
   42         regarding deferral of coverage under the program;
   43         requiring that reimbursement contracts require that
   44         insurers annually pay actuarially indicated premiums;
   45         deleting a provision prohibiting premiums from being
   46         charged for participation in the program; revising
   47         obsolete dates; prohibiting transfers from exceeding a
   48         specified amount each contract year; revising
   49         reporting requirements; revising the expiration date
   50         of provisions governing the program; making technical
   51         changes; amending s. 215.5552, F.S.; revising
   52         definitions; revising the coverage layers of the
   53         Florida Optional Reinsurance Assistance (FORA)
   54         program; revising the coverage limits for certain
   55         coverage layers; increasing the maximum aggregate
   56         coverage limit for all coverage layers; revising
   57         obsolete dates; revising requirements of the
   58         reimbursement contract; deleting the calculation of
   59         payout multiples; revising the FORA layer retention
   60         calculations; revising the calculation of premiums
   61         under the program; increasing the amount that certain
   62         transfers cannot exceed in a contract year; requiring
   63         a transfer of a specified amount from the FORA Fund
   64         into the Florida Hurricane Catastrophe Fund; revising
   65         the expiration date of provisions governing the
   66         program; making technical changes; providing an
   67         effective date.
   68          
   69  Be It Enacted by the Legislature of the State of Florida:
   70  
   71         Section 1. Paragraph (e) of subsection (2), paragraphs (b),
   72  (c), and (d) of subsection (4), paragraph (b) of subsection (5),
   73  and paragraph (a) of subsection (7) of section 215.555, Florida
   74  Statutes, are amended to read:
   75         215.555 Florida Hurricane Catastrophe Fund.—
   76         (2) DEFINITIONS.—As used in this section:
   77         (e) “Retention” means the amount of losses below which an
   78  insurer is not entitled to reimbursement from the fund. An
   79  insurer’s retention shall be calculated as follows:
   80         1. The board shall calculate and report to each insurer the
   81  retention multiples for that year. For the contract year
   82  beginning June 1, 2024 2005, the retention multiple must shall
   83  be equal to $8.5 $4.5 billion divided by the total estimated
   84  reimbursement premium for the contract year; for subsequent
   85  years, the retention multiple shall be equal to $4.5 billion,
   86  adjusted based upon the reported exposure for the contract year
   87  occurring 2 years before the particular contract year to reflect
   88  the percentage growth in exposure to the fund for covered
   89  policies since 2004, divided by the total estimated
   90  reimbursement premium for the contract year. Total reimbursement
   91  premium for purposes of the calculation under this subparagraph
   92  shall be estimated using the assumption that all insurers have
   93  selected the 90-percent coverage level.
   94         2. The retention multiple as determined under subparagraph
   95  1. shall be adjusted to reflect the coverage level elected by
   96  the insurer. For insurers electing the 100-percent coverage
   97  level, the adjusted retention multiple is 90 percent of the
   98  amount determined under subparagraph 1. For insurers electing
   99  the 90-percent coverage level, the adjusted retention multiple
  100  is 100 percent of the amount determined under subparagraph 1.
  101  For insurers electing the 75-percent coverage level, the
  102  retention multiple is 120 percent of the amount determined under
  103  subparagraph 1. For insurers electing the 45-percent coverage
  104  level, the adjusted retention multiple is 200 percent of the
  105  amount determined under subparagraph 1.
  106         3. An insurer shall determine its provisional retention by
  107  multiplying its provisional reimbursement premium by the
  108  applicable adjusted retention multiple and shall determine its
  109  actual retention by multiplying its actual reimbursement premium
  110  by the applicable adjusted retention multiple.
  111         4. For insurers who experience multiple covered events
  112  causing loss during the contract year, beginning June 1, 2005,
  113  each insurer’s full retention shall be applied to each of the
  114  covered events causing the two largest losses for that insurer.
  115  For each other covered event resulting in losses, the insurer’s
  116  retention shall be reduced to one-third of the full retention.
  117  The reimbursement contract must shall provide for the
  118  reimbursement of losses for each covered event based on the full
  119  retention with adjustments made to reflect the reduced
  120  retentions on or after January 1 of the contract year provided
  121  the insurer reports its losses as specified in the reimbursement
  122  contract.
  123         (4) REIMBURSEMENT CONTRACTS.—
  124         (b)1. The contract must shall contain a promise by the
  125  board to reimburse the insurer for 45 percent, 75 percent, or 90
  126  percent, or 100 percent of its losses and applicable loss
  127  adjustment expenses from each covered event in excess of the
  128  insurer’s retention, plus 5 percent of the reimbursed losses to
  129  cover loss adjustment expenses. For contracts and rates
  130  effective on or after June 1, 2024 2019, the loss adjustment
  131  expense included reimbursement must be the lesser of 25 10
  132  percent of the total subject losses before reimbursement or the
  133  total subject actual loss adjustment expenses reimbursed losses.
  134         2. The insurer must elect one of the percentage coverage
  135  levels specified in this paragraph and may, upon renewal of a
  136  reimbursement contract, elect a lower percentage coverage level
  137  if no revenue bonds issued under subsection (6) after a covered
  138  event are outstanding, or elect a higher percentage coverage
  139  level, regardless of whether or not revenue bonds are
  140  outstanding. All members of an insurer group must elect the same
  141  percentage coverage level. Any joint underwriting association,
  142  risk apportionment plan, or other entity created under s.
  143  627.351 must elect the 90-percent coverage level.
  144         3. The contract must shall provide that reimbursement
  145  amounts may shall not be reduced by reinsurance paid or payable
  146  to the insurer from other sources.
  147         (c)1. The contract must shall also provide that the
  148  obligation of the board with respect to all contracts covering a
  149  particular contract year is shall not exceed the actual claims
  150  paying capacity of the fund up to a limit of $17 billion for
  151  that contract year, unless the board determines that there is
  152  sufficient estimated claims-paying capacity to provide $17
  153  billion of capacity for the current contract year and an
  154  additional $17 billion of capacity for subsequent contract
  155  years. If the board makes such a determination, the estimated
  156  claims-paying capacity for the particular contract year shall be
  157  determined by adding to the $17 billion limit one-half of the
  158  fund’s estimated claims-paying capacity in excess of $34
  159  billion. However, the dollar growth in the limit may not
  160  increase in any year by an amount greater than the dollar growth
  161  of the balance of the fund as of December 31, less any premiums
  162  or interest attributable to optional coverage, as defined by
  163  rule which occurred over the prior calendar year.
  164         2. In May and October of the contract year, the board shall
  165  publish in the Florida Administrative Register a statement of
  166  the fund’s estimated borrowing capacity, the fund’s estimated
  167  claims-paying capacity, and the projected balance of the fund as
  168  of December 31. After the end of each calendar year, the board
  169  shall notify insurers of the estimated borrowing capacity,
  170  estimated claims-paying capacity, and the balance of the fund as
  171  of December 31 to provide insurers with data necessary to assist
  172  them in determining their retention and projected payout from
  173  the fund for loss reimbursement purposes. In conjunction with
  174  the development of the premium formula, as provided for in
  175  subsection (5), the board shall publish factors or multiples
  176  that assist insurers in determining their retention and
  177  projected payout for the next contract year. For all regulatory
  178  and reinsurance purposes, an insurer may calculate its projected
  179  payout from the fund as its share of the total fund premium for
  180  the current contract year multiplied by the sum of the projected
  181  balance of the fund as of December 31 and the estimated
  182  borrowing capacity for that contract year as reported under this
  183  subparagraph.
  184         (d)1. For purposes of determining potential liability and
  185  to aid in the sound administration of the fund, the contract
  186  must shall require each insurer to report such insurer’s losses
  187  from each covered event on an interim basis, as directed by the
  188  board. The contract must shall require the insurer to report to
  189  the board no later than December 31 of each year, and quarterly
  190  thereafter, its reimbursable losses from covered events for the
  191  year. The contract must shall require the board to determine and
  192  pay, as soon as practicable after receiving these reports of
  193  reimbursable losses, the initial amount of reimbursement due and
  194  adjustments to this amount based on later loss information. The
  195  adjustments to reimbursement amounts must shall require the
  196  board to pay, or the insurer to return, amounts reflecting the
  197  most recent calculation of losses.
  198         2.In determining reimbursements pursuant to this
  199  subsection, the contract shall provide that the board shall pay
  200  to each insurer such insurer’s projected payout, which is the
  201  amount of reimbursement it is owed, up to an amount equal to the
  202  insurer’s share of the actual premium paid for that contract
  203  year, multiplied by the actual claims-paying capacity available
  204  for that contract year.
  205         3.The board may reimburse insurers for amounts up to the
  206  published factors or multiples for determining each
  207  participating insurer’s retention and projected payout derived
  208  as a result of the development of the premium formula in those
  209  situations in which the total reimbursement of losses to such
  210  insurers would not exceed the estimated claims-paying capacity
  211  of the fund. Otherwise, the projected payout factors or
  212  multiples shall be reduced uniformly among all insurers to
  213  reflect the estimated claims-paying capacity.
  214         (5) REIMBURSEMENT PREMIUMS.—
  215         (b) The State Board of Administration shall select an
  216  independent consultant to develop a formula for determining the
  217  actuarially indicated premium to be paid to the fund. The
  218  hurricane loss portion of the formula must be determined by
  219  averaging the results of all the catastrophe models approved by
  220  the Florida Commission on Hurricane Loss Projection Methodology.
  221  The formula must shall specify, for each zip code or other
  222  limited geographical area, the amount of premium to be paid by
  223  an insurer for each $1,000 of insured value under covered
  224  policies in that zip code or other area. In establishing
  225  premiums, the board shall consider the coverage elected under
  226  paragraph (4)(b) and any factors that tend to enhance the
  227  actuarial sophistication of ratemaking for the fund, including
  228  deductibles, type of construction, type of coverage provided,
  229  relative concentration of risks, and other such factors deemed
  230  by the board to be appropriate. The formula may must provide for
  231  a cash build-up factor. For the 2009-2010 contract year, the
  232  factor is 5 percent. For the 2010-2011 contract year, the factor
  233  is 10 percent. For the 2011-2012 contract year, the factor is 15
  234  percent. For the 2012-2013 contract year, the factor is 20
  235  percent. For the 2013-2014 contract year and thereafter, the
  236  factor is 25 percent; however, the cash build-up factor must be
  237  frozen beginning in the 2024-2025 contract year and must freeze
  238  for a 12-month period ending no later than July 1, 2025. Any
  239  savings realized as a result of the freeze of the cash build-up
  240  factor must be passed directly to the consumer. The formula may
  241  provide for a procedure to determine the premiums to be paid by
  242  new insurers that begin writing covered policies after the
  243  beginning of a contract year, taking into consideration when the
  244  insurer starts writing covered policies, the potential exposure
  245  of the insurer, the potential exposure of the fund, the
  246  administrative costs to the insurer and to the fund, and any
  247  other factors deemed appropriate by the board. The formula must
  248  be approved by unanimous vote of the board. The board may, at
  249  any time, revise the formula pursuant to the procedure provided
  250  in this paragraph. The board shall file the premiums to be paid
  251  with the Office of Insurance Regulation, and the office shall
  252  review such premiums.
  253         (7) ADDITIONAL POWERS AND DUTIES.—
  254         (a) The board may procure reinsurance from reinsurers
  255  acceptable to the Office of Insurance Regulation for the purpose
  256  of maximizing the capacity of the fund and may enter into
  257  capital market transactions, including, but not limited to,
  258  industry loss warranties, catastrophe bonds, side-car
  259  arrangements, or financial contracts permissible for the board’s
  260  usage under s. 215.47(11) and (12), consistent with prudent
  261  management of the fund. The cost of any reinsurance or other
  262  capital market transaction other than issuing bonds secured by
  263  assessments purchased by the board to maximize the claims-paying
  264  capacity of the fund may not be added to the actuarially
  265  determined cost of the reimbursement contracts.
  266         Section 2. Present paragraphs (e) through (i) of subsection
  267  (2) of section 215.5551, Florida Statutes, are redesignated as
  268  paragraphs (f) through (j), respectively, a new paragraph (e) is
  269  added to that subsection, and paragraph (c) and present
  270  paragraphs (f), (h), (i), and (j) of that subsection, subsection
  271  (3), paragraphs (a), (b), (d), and (e) of subsection (4), and
  272  subsections (5), (6), (7), (12), (13), and (14) of that section
  273  are amended, to read:
  274         215.5551 Reinsurance to Assist Policyholders program.—
  275         (2) DEFINITIONS.—As used in this section, the term:
  276         (c) “Covered event” means any hurricane, tropical storm,
  277  hail storm, tornado, wind event, or wildfire that one storm
  278  declared to be a hurricane by the National Hurricane Center,
  279  which storm causes insured losses in this state.
  280         (e)“Eligible RAP insurer” means an insurer participating
  281  in FHCF as of June 1 of a contract year. However, any joint
  282  underwriting association, risk apportionment plan, or other
  283  entity created under s. 627.351 is not considered a RAP insurer
  284  and is prohibited from obtaining coverage under the RAP program.
  285         (g)(f) “Losses and loss adjustment expensesmeans the
  286  amounts paid by an insurer to adjust and pay covered claims has
  287  the same meaning as in s. 215.555(2)(d).
  288         (i)(h) “RAP insurer” means an eligible RAP insurer that
  289  elects to purchase is a participating insurer in the FHCF on
  290  June 1, 2022, which must obtain coverage under the RAP program
  291  and qualifies under subsection (5). A However, any joint
  292  underwriting association, risk apportionment plan, or other
  293  entity created under s. 627.351 is not considered a RAP insurer
  294  and is prohibited from obtaining coverage under the RAP program.
  295         (j)(i) “RAP limit” means, for the 2022-2023 contract year,
  296  the RAP insurer’s maximum payout, which is its share of the $2
  297  billion per event and $4 billion in the aggregate RAP layer
  298  aggregate limit. The ratio of a RAP insurer’s RAP limit to the
  299  $4 billion RAP layer aggregate limit may not exceed the ratio of
  300  the RAP insurer’s actual FHCF premium paid during that contract
  301  year to the actual FHCF premium paid by all eligible RAP
  302  insurers participating in the FHCF during that contract year For
  303  the 2023-2024 contract year, for RAP insurers that are subject
  304  to participation deferral under subsection (6) and participate
  305  during the 2023-2024 contract year, the RAP limit means the RAP
  306  insurer’s maximum payout, which is its share of the total amount
  307  of the RAP program layer aggregate limit deferred from 2022
  308  2023.
  309         (j)“RAP qualification ratio” means:
  310         1.For the 2022-2023 contract year, the ratio of FHCF
  311  mandatory premium adjusted to 90 percent for RAP insurers
  312  divided by the FHCF mandatory premium adjusted to 90 percent for
  313  all insurers. The preliminary RAP qualification ratio shall be
  314  based on the 2021-2022 contract year’s company premiums, as of
  315  December 31, 2021, adjusted to 90 percent based on the 2022-2023
  316  contract year coverage selections. The RAP qualification ratio
  317  shall be based on the reported 2022-2023 contract year company
  318  premiums, as of December 31, 2022, adjusted to 90 percent.
  319         2.For the 2023-2024 contract year, the ratio of FHCF
  320  mandatory premium adjusted to 90 percent for the qualified RAP
  321  insurers that have deferred RAP coverage to 2023-2024 divided by
  322  the FHCF mandatory premium adjusted to 90 percent for all
  323  insurers. The preliminary RAP qualification ratio shall be based
  324  on the 2022-2023 contract year’s company premiums as of December
  325  31, 2022, adjusted to 90 percent based on the 2023-2024 contract
  326  year coverage selections. The RAP qualification ratio shall be
  327  based on the reported 2023-2024 contract year company premiums
  328  as of December 31, 2023, adjusted to 90 percent.
  329         (3) COVERAGE.—
  330         (a) An eligible RAP insurer may purchase RAP coverage As a
  331  condition of doing business in this state, each RAP insurer
  332  shall obtain coverage under the RAP program.
  333         (b) The board shall provide a reimbursement layer of $2
  334  billion per event below the FHCF retention for losses and loss
  335  adjustment expenses paid to covered policies for covered events
  336  prior to the third event dropdown of the FHCF retention set
  337  forth in s. 215.555(2)(e). Subject to the mandatory notice
  338  provisions in subsection (5), The board shall enter into a RAP
  339  reimbursement contract with each eligible RAP insurer writing
  340  covered policies in this state which requests RAP coverage to
  341  provide to the insurer the reimbursement described in this
  342  section.
  343         (4) RAP REIMBURSEMENT CONTRACTS.—
  344         (a)1. The board shall issue an initial a RAP reimbursement
  345  contract to each eligible RAP insurer that requests RAP coverage
  346  which is effective June 1, 2024. RAP contracts must be made
  347  available annually thereafter until the fiscal year beginning
  348  July 1, 2029:
  349         a.June 1, 2022, for RAP insurers that participate in the
  350  RAP program during the 2022-2023 contract year; or
  351         b.June 1, 2023, for RAP insurers that are subject to
  352  participation deferral under subsection (6) and participate in
  353  the RAP program during the 2023-2024 contract year.
  354         2.The reimbursement contract shall be executed no later
  355  than:
  356         a.July 15, 2022, for RAP insurers that participate in the
  357  RAP program during the 2022-2023 contract year; or
  358         b.March 1, 2023, for RAP insurers that are subject to
  359  participation deferral under subsection (6) and participate in
  360  the RAP program during the 2023-2024 contract year.
  361         3.If a RAP insurer fails to execute the RAP reimbursement
  362  contract by the dates required in this paragraph, the RAP
  363  insurance contract is deemed to have been executed by the RAP
  364  insurer.
  365         (b) For the two covered events with the largest losses, The
  366  RAP reimbursement contract must contain a promise by the board
  367  to reimburse the RAP insurer for 100 90 percent of its losses
  368  and loss adjustment expenses from each covered event in excess
  369  of the insurer’s RAP retention up to the RAP insurer’s, plus 10
  370  percent of the reimbursed losses to cover loss adjustment
  371  expenses. The sum of the losses and 10 percent loss adjustment
  372  expense allocation from the RAP layer may not exceed the RAP
  373  limit. Recoveries on losses in the FHCF mandatory layer must
  374  shall inure to the benefit of the RAP contract layer.
  375         (d)The board shall calculate and report to each RAP
  376  insurer the RAP payout multiples as the ratio of the RAP
  377  industry limit of $2 billion for the 2022-2023 contract year, or
  378  the deferred limit for the 2022-2023 contract year, to the
  379  mandatory FHCF retention multiplied by the mandatory FHCF
  380  retention multiples divided by the RAP qualification ratio. The
  381  RAP payout multiple for an insurer is multiplied by the RAP
  382  insurer’s FHCF premium to calculate its RAP maximum payout. RAP
  383  payout multiples are calculated for 45 percent, 75 percent, and
  384  90 percent FHCF mandatory coverage selections.
  385         (e)A RAP insurer’s RAP retention is calculated as follows:
  386         1.The board shall calculate and report to each RAP insurer
  387  the RAP retention multiples for each FHCF coverage selection as
  388  the FHCF retention multiple minus the RAP payout multiple. The
  389  RAP retention multiple for an insurer is multiplied by the RAP
  390  insurer’s FHCF premium to calculate its RAP retention. RAP
  391  retention multiples are calculated for 45 percent, 75 percent,
  392  and 90 percent FHCF mandatory coverage selections.
  393         2.The RAP industry retention for the 2022-2023 contract
  394  year is the FHCF’s industry retention minus $2 billion, prior to
  395  allocation to qualifying RAP insurers. The RAP industry
  396  retention for the 2023-2024 contract year is the FHCF’s industry
  397  retention for the 2023-2024 contract year minus the total
  398  deferred RAP limit, prior to allocation to qualifying RAP
  399  insurers.
  400         3.A RAP insurer determines its actual RAP retention by
  401  multiplying its actual mandatory reimbursement FHCF premium by
  402  the RAP retention multiple.
  403         (5) INSURER QUALIFICATION.—
  404         (a)An insurer is not eligible to participate in the RAP
  405  program if the board receives a notice from the Commissioner of
  406  Insurance Regulation which certifies that the insurer is in an
  407  unsound financial condition no later than:
  408         1.June 15, 2022, for RAP insurers that participate during
  409  the 2022-2023 contract year; or
  410         2.February 1, 2023, for RAP insurers subject to
  411  participation deferral under subsection (6) that participate
  412  during the 2023-2024 contract year.
  413         (b)The office must make this determination based on the
  414  following factors:
  415         1.The insurer’s compliance with the requirements to
  416  qualify for and hold a certificate of authority under s.
  417  624.404;
  418         2.The insurer’s compliance with the applicable surplus
  419  requirements of s. 624.408;
  420         3.The insurer’s compliance with the applicable risk-based
  421  capital requirements under s. 624.4085;
  422         4.The insurer’s compliance with the applicable premium to
  423  surplus requirements under s. 624.4095; and
  424         5.An analysis of quarterly and annual statements,
  425  including an actuarial opinion summary, and other information
  426  submitted to the office pursuant to s. 624.424.
  427         (c)If the board receives timely notice pursuant to
  428  paragraph (a) regarding an insurer, such insurer is disqualified
  429  from participating in the RAP program.
  430         (6)PARTICIPATION DEFERRAL.—
  431         (a)A RAP insurer that has any private reinsurance that
  432  duplicates RAP coverage that such insurer would receive for the
  433  2022-2023 contract year shall notify the board in writing of
  434  such duplicative coverage no later than June 30, 2022.
  435  Participation in the RAP program for such RAP insurers shall be
  436  deferred until the 2023-2024 contract year.
  437         (b)A new participating insurer that begins writing covered
  438  policies in this state after June 1, 2022, is deemed to defer
  439  its RAP coverage to the 2023-2024 contract year.
  440         (7) RAP PREMIUMS.—Each RAP reimbursement contract must
  441  require that the insurer annually pay to the fund an actuarially
  442  indicated premium for the full annual aggregate reimbursement
  443  limit Premiums may not be charged for participation in the RAP
  444  program.
  445         (10)(12) RULEMAKING.—The board may adopt rules to implement
  446  this section. In addition, the board may adopt emergency rules,
  447  pursuant to s. 120.54, at any time, as are necessary to
  448  implement this section for the 2024-2025 2022-2023 fiscal year.
  449  The Legislature finds that such emergency rulemaking power is
  450  necessary in order to address a critical need in this the
  451  state’s problematic property insurance market. The Legislature
  452  further finds that the uniquely short timeframe needed to
  453  effectively implement this section for the 2024-2025 2022-2023
  454  fiscal year requires that the board adopt rules as quickly as
  455  practicable. Therefore, in adopting such emergency rules, the
  456  board need not make the findings required by s. 120.54(4)(a).
  457  Emergency rules adopted under this section are exempt from s.
  458  120.54(4)(c) and shall remain in effect until replaced by rules
  459  adopted under the nonemergency rulemaking procedures of chapter
  460  120, which must occur no later than July 1, 2023.
  461         (11)(13) APPROPRIATION.—
  462         (a) Within 60 days after a covered event, the board must
  463  shall submit written notice to the Executive Office of the
  464  Governor if the board determines that funds from the RAP program
  465  coverage established by this section will be necessary to
  466  reimburse RAP insurers for losses associated with the covered
  467  event. The initial notice, and any subsequent requests, must
  468  specify the amount necessary to provide RAP reimbursements. Upon
  469  receiving such notice, the Executive Office of the Governor
  470  shall instruct the Chief Financial Officer to draw a warrant
  471  from the General Revenue Fund for a transfer to the board for
  472  the RAP program in the amount requested. The Executive Office of
  473  the Governor shall provide written notification to the chair and
  474  vice chair of the Legislative Budget Commission at least 3 days
  475  before the effective date of the warrant. Cumulative Transfers
  476  authorized under this paragraph may not exceed $4 $2 billion,
  477  less reimbursement premium paid, for each contract year.
  478         (b) If general revenue funds are transferred to the board
  479  for the RAP program under paragraph (a), the board must shall
  480  submit written notice to the Executive Office of the Governor
  481  that funds will be necessary for the administration of the RAP
  482  program and post-event examinations for covered events that
  483  require RAP coverage. The initial notice, and any subsequent
  484  requests, must specify the amount necessary for administration
  485  of the RAP program and post-event examinations. Upon receiving
  486  such notice, the Executive Office of the Governor shall instruct
  487  the Chief Financial Officer to draw a warrant from the General
  488  Revenue Fund for a transfer to the board for the RAP program in
  489  the amount requested. The Executive Office of the Governor shall
  490  provide written notification to the chair and vice chair of the
  491  Legislative Budget Commission at least 3 days before the
  492  effective date of the warrant. Cumulative transfers authorized
  493  under this paragraph may not exceed $5 million.
  494         (c) No later than January 31, 2025 2023, and quarterly
  495  thereafter, the board shall submit a report to the Executive
  496  Office of the Governor, the President of the Senate, and the
  497  Speaker of the House of Representatives detailing any
  498  reimbursements of the RAP program, all loss development
  499  projections, the amount of RAP reimbursement coverage deferred
  500  until the 2023-2024 contract year, and detailed information
  501  about administrative and post-event examination expenditures.
  502         (12)(14) EXPIRATION DATE.—If no general revenue funds have
  503  been transferred to the board for the RAP program under
  504  subsection (11) (13) by June 30, 2029 2025, this section expires
  505  on July 1, 2029 2025. If general revenue funds have been
  506  transferred to the board for the RAP program under subsection
  507  (11) (13) by June 30, 2029 2025, this section expires on July 1,
  508  2034 2029, and all unencumbered RAP program funds shall be
  509  transferred by the board back to the General Revenue Fund
  510  unallocated.
  511         Section 3. Paragraphs (c), (f), (h), (o), and (q) of
  512  subsection (2), subsections (3), (4), (5), and (10), paragraphs
  513  (a) and (c) of subsection (11), and subsection (12) of section
  514  215.5552, Florida Statutes, are amended, and paragraph (d) is
  515  added to subsection (11) of that section, to read:
  516         215.5552 Florida Optional Reinsurance Assistance program.—
  517         (2) DEFINITIONS.—As used in this section, the term:
  518         (c) “Covered event” means any event in which a catastrophe
  519  serial number is assigned by Insurance Services Office’s
  520  Property Claim Services has the same meaning as in s.
  521  215.555(2)(b).
  522         (f) “Final FORA premium” means the premium due no later
  523  than March 1, 2024, paid by a FORA insurer after the actual 2023
  524  FHCF premiums for that contract year are calculated.
  525         (h) “FORA eligible insurer” means a FHCF participating
  526  insurer as of November 30, 2022. New FHCF participants after
  527  that date are ineligible for FORA coverage. In addition, any
  528  joint underwriting association, risk apportionment plan, or
  529  other entity created under s. 627.351 is not considered a FORA
  530  insurer and may not obtain coverage under FORA.
  531         (o) “Initial FORA premium” means the premium paid by a FORA
  532  insurer in the same installment plan as the FHCF premium by July
  533  1, 2023, for coverage under the FORA program.
  534         (q) “RAP insurer” has the same meaning as in s.
  535  215.5551(2)(i) s. 215.5551(2)(h).
  536         (3) COVERAGE.—
  537         (a) Each FORA eligible insurer may purchase coverage under
  538  FORA. The board shall provide three four optional layers above a
  539  $500 million FHCF industry retention below the FHCF retention
  540  prior to the third event dropdown of the FHCF retention set
  541  forth in s. 215.555(2)(e)4. Only RAP insurers required to
  542  participate in the 2022-2023 contract year may select FORA
  543  layers 1 through 3. All FORA eligible insurers may purchase FORA
  544  layer 4. If a RAP insurer required to participate in the 2022
  545  2023 contract year chooses to purchase layer 2, 3, or 4, such
  546  layers must be purchased inclusive of the prior layer and cannot
  547  be purchased separately.
  548         (b) FORA industry limits before prior to FORA insurer
  549  selections are as follows:
  550         1. FORA industry layer 1 limit is $1 billion.
  551         2. FORA industry layer 2 limit is $1 billion.
  552         3. FORA industry layer 3 limit is $2 billion divided by the
  553  RAP Qualification ratio minus $2 billion.
  554         4. FORA industry layer 3 4 limit is $1 billion minus the
  555  total FORA industry limit selected for FORA layers 1, 2, and 3,
  556  plus the total FORA premium collected for FORA layers 1, 2, and
  557  3.
  558         (c) The maximum aggregate coverage for all selected FORA
  559  layers is $3 $1 billion as provided under paragraph (11)(a) plus
  560  premiums needed to fulfill the obligations of this section.
  561         (4) FORA REIMBURSEMENT CONTRACTS.—
  562         (a) FORA eligible insurers selecting coverage must execute
  563  a FORA reimbursement contract with the board.
  564         (b) The board must enter into a FORA reimbursement contract
  565  effective June 1, 2024 2023, with each FORA eligible insurer
  566  electing to purchase coverage. Such contract must provide
  567  coverage pursuant to this section in exchange for premium paid.
  568         (c) The FORA reimbursement contract must be executed by the
  569  FORA insurer no later than May 30 of the contract year April 15,
  570  2023, for layers 1 through 3, and May 30, 2023, for layer 4.
  571         (d) For the two covered events with the largest losses for
  572  the FORA insurer, the FORA reimbursement contract must contain a
  573  promise by the board to reimburse the FORA insurer for 100
  574  percent of its losses from each covered event in excess of the
  575  lowest selected FORA layer’s retention. The sum of the FORA
  576  insurer’s covered losses from the two covered events with the
  577  largest losses from each FORA layer may not exceed the FORA
  578  insurer’s combined selected FORA layer limit or limits.
  579         (e) The FORA reimbursement contract must provide that
  580  reimbursement amounts are not reduced by reinsurance paid or
  581  payable to the insurer from other sources other than the
  582  mandatory FHCF layer.
  583         (f) The board shall calculate and report to each FORA
  584  insurer the initial and final FORA payout multiples for each
  585  FORA layer using the source data described in paragraph (5)(a).
  586         1.For FORA layer 1, the FORA payout multiple is the
  587  quotient of $1 billion divided by the FHCF industry aggregate
  588  retention multiplied by the FHCF retention multiple for the FHCF
  589  coverage selected.
  590         2.For FORA layer 2, the FORA payout multiple is the
  591  quotient of $1 billion divided by the FHCF industry aggregate
  592  retention multiplied by the FHCF retention multiple for the FHCF
  593  coverage selected.
  594         3.For FORA layer 3, the FORA payout multiple is calculated
  595  as follows: the numerator is the quotient of $2 billion divided
  596  by the RAP qualification ratio as defined in s. 215.5551(2)(j)
  597  minus $2 billion. The denominator is the FHCF industry aggregate
  598  retention. The FORA multiple is the FHCF retention multiple
  599  multiplied by the numerator divided by the denominator.
  600         4.The FORA layer 4 payout multiple is the total FORA
  601  industry layer 4 limit divided by the FHCF industry aggregate
  602  retention multiplied by the FHCF retention multiple for the FHCF
  603  coverage selected. For FORA layer 4, the total FORA industry
  604  layer limit is $1 billion minus the total FORA industry limit
  605  selected for FORA layers 1, 2, and 3, plus the total FORA
  606  premium collected for FORA layers 1, 2, and 3.
  607         (g)For each FORA layer, the FORA payout multiple is
  608  multiplied by the FORA insurer’s FHCF premium to calculate its
  609  FORA maximum payout. FORA payout multiples are calculated for 45
  610  percent, 75 percent, and 90 percent FHCF mandatory coverage
  611  selections.
  612         (h) For a FORA insurer that selects more than one layer,
  613  the FORA layer limits must shall be combined to a single
  614  aggregate limit for the two covered events with the largest
  615  losses for the FORA insurer.
  616         (g)(i) FORA layer retentions are calculated as follows:
  617         1. For each FORA layer, the board shall calculate and
  618  report to each FORA insurer the initial and final FORA retention
  619  multiples for each FHCF coverage selection as the FORA layer
  620  retention divided by the total estimated reimbursement FHCF
  621  premium for the contract year FHCF retention multiple minus the
  622  FORA payout multiple using the source data described in
  623  paragraph (5)(a). Total reimbursement premium for purposes of
  624  the calculation under this subparagraph must be estimated using
  625  the assumption that all insurers have selected the 90 percent
  626  coverage level. The FORA retention multiple is multiplied by the
  627  FORA insurer’s FHCF premium to calculate its FORA retention.
  628  FORA retention multiples are calculated for 45 percent, 75
  629  percent, and 90 percent FHCF mandatory coverage selections.
  630         2. The retention multiple as determined under subparagraph
  631  1. must be adjusted to reflect the coverage level elected by the
  632  insurer. For insurers electing the 90 percent coverage level,
  633  the adjusted retention multiple is 100 percent of the amount
  634  determined under subparagraph 1. For insurers electing the 75
  635  percent coverage level, the retention multiple is 120 percent of
  636  the amount determined under subparagraph 1. For insurers
  637  electing the 45 percent coverage level, the adjusted retention
  638  multiple is 200 percent of the amount determined under
  639  subparagraph 1 The FORA industry retention for the 2023-2024
  640  contract year for FORA layer 1 is the FHCF’s industry retention
  641  minus $1 billion. The FORA layer 2 industry retention is the
  642  FHCF industry retention minus $2 billion. The FORA layer 3
  643  industry retention is the FHCF’s industry retention minus the
  644  quotient of $2 billion divided by the RAP qualification ratio.
  645  The FORA layer 4 industry retention is the FORA layer 3
  646  retention minus the FORA layer 4 limit.
  647         3. A FORA insurer’s initial and final FORA retentions are
  648  determined by multiplying its FHCF reimbursement premium by the
  649  FORA retention multiple for each FHCF coverage selection using
  650  the source data in paragraph (5)(a).
  651         4. For a FORA insurer that selects more than one layer, the
  652  FORA combined layer retention is shall be the lowest selected
  653  layer retention for each of the two covered events with the
  654  largest losses for the FORA insurer.
  655         (h)(j) To ensure that insurers have properly reported the
  656  losses for which FORA reimbursements have been made, the board
  657  may inspect, examine, and verify the records of each FORA
  658  participating insurer’s covered policies at such times as the
  659  board deems appropriate for the specific purpose of validating
  660  the accuracy of losses required to be reported under the terms
  661  and conditions of the FORA reimbursement contract.
  662         (5) FORA PREMIUMS.—
  663         (a) Each FORA reimbursement contract must require that the
  664  insurer annually pay to the fund an actuarially indicated
  665  premium for the annual aggregate limit Premiums shall be charged
  666  as follows:
  667         1.Fifty percent Rate on Line multiplied by the FORA
  668  insurer’s FORA layer 1 limit.
  669         2.Fifty-five percent Rate on Line multiplied by the FORA
  670  insurer’s FORA layer 2 limit.
  671         3.Sixty percent Rate on Line multiplied by the FORA
  672  insurer’s FORA layer 3 limit.
  673         4.Sixty-five percent Rate on Line multiplied by the FORA
  674  insurer’s FORA layer 4 limit.
  675         (b) Initial FORA premiums must shall be based on the
  676  contract year 2023 FHCF projected industry retention, FHCF
  677  retention multiples, 2022 RAP qualification ratio, and insurers’
  678  prior contract year 2022 FHCF premiums. Final FORA premiums will
  679  be adjusted after December 31 of the contract year, 2023, based
  680  on FHCF premiums on December 31 of the contract year, 2023, FHCF
  681  premiums, FHCF industry retention, the 2023 RAP qualification
  682  ratio, and insurers’ 2023 FHCF premiums for the contract year.
  683         (c) Failure to pay the initial FORA premium in full by
  684  December 1 of the contract year will July 1, 2023, shall result
  685  in disqualification as a FORA insurer. The final FORA premium
  686  will be due no later than March 1 following the contract year,
  687  2024.
  688         (10) RULEMAKING.—The board may adopt rules to implement
  689  this section. In addition, the board may adopt emergency rules
  690  pursuant to s. 120.54(4) at any time as are necessary to
  691  implement this section for the 2024-2025 2023-2024 fiscal year.
  692  The Legislature finds that such emergency rulemaking power is
  693  necessary in order to address a critical need in the state’s
  694  problematic property insurance market. The Legislature further
  695  finds that the uniquely short timeframe needed to effectively
  696  implement this section for the 2024-2025 2023-2024 fiscal year
  697  requires that the board adopt rules as quickly as practicable.
  698  Therefore, in adopting such emergency rules, the board need not
  699  make the findings required by s. 120.54(4)(a). Emergency rules
  700  adopted under this section are exempt from s. 120.54(4)(c) and
  701  shall remain in effect until replaced by rules adopted under the
  702  nonemergency rulemaking procedures of chapter 120, which must
  703  occur no later than December 31 of the contract year, 2023.
  704         (11) APPROPRIATION.—
  705         (a) Within 60 days after a covered event, the board must
  706  shall submit written notice to the Executive Office of the
  707  Governor if the board determines that funds from FORA coverage
  708  established by this section will be necessary to reimburse FORA
  709  insurers for losses associated with the covered event. The
  710  initial notice, and any subsequent requests, must specify the
  711  amount necessary to provide FORA reimbursements. Upon receiving
  712  such notice, the Executive Office of the Governor shall instruct
  713  the Chief Financial Officer to draw a warrant from the General
  714  Revenue Fund for a transfer to the board for FORA in the amount
  715  requested. The Executive Office of the Governor shall provide
  716  written notification to the chair and vice chair of the
  717  Legislative Budget Commission at least 3 days before the
  718  effective date of the warrant. Cumulative transfers authorized
  719  under this paragraph may not exceed $3 $1 billion, less
  720  reimbursement premium paid, per contract year.
  721         (c) If a covered event occurs that triggers reimbursements
  722  under FORA, no later than January 31 following the covered
  723  event, 2024, and quarterly thereafter, the board must shall
  724  submit a report to the Executive Office of the Governor, the
  725  President of the Senate, and the Speaker of the House of
  726  Representatives detailing any reimbursements of FORA, all
  727  premiums collected, all loss development projections, and
  728  detailed information about administrative and post-event
  729  examination activities and expenditures.
  730         (d)On July 1, 2024, or as soon as reasonably practicable
  731  thereafter, the Executive Office of the Governor shall instruct
  732  the Chief Financial Officer to draw a warrant from the FORA Fund
  733  and transfer $580 million into FHCF to offset losses that occur
  734  as result of the freeze of the cash build-up as set forth in s.
  735  215.555(5)(b).
  736         (12) EXPIRATION DATE.—If no general revenue funds have been
  737  transferred to the board for FORA under subsection (11) by June
  738  30, 2029 2026, this section expires on July 1, 2029 2026. If
  739  general revenue funds have been transferred to the board for
  740  FORA under subsection (11) by June 30, 2029 2026, this section
  741  expires on July 1, 2034 2030, and all unencumbered funds
  742  collected under this section shall be transferred by the board
  743  back to the General Revenue Fund unallocated.
  744         Section 4. This act shall take effect upon becoming a law.