Senate Bill sb2234
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    Florida Senate - 2001                                  SB 2234
    By Senator Garcia
    39-1236-01
  1                      A bill to be entitled
  2         An act relating to insurance; amending s.
  3         627.351, F.S.; renaming the Residential
  4         Property and Casualty Joint Underwriting
  5         Association as the Citizens Property Insurance
  6         Corporation to provide residential and
  7         commercial property insurance through a public
  8         benefits corporation; requiring insurers
  9         writing property insurance to participate in
10         the corporation; providing for dividing the
11         revenues, assets, liabilities, losses, and
12         expenses of the corporation into three
13         accounts; providing for emergency assessments
14         for policyholders of participating insurers;
15         providing a plan of operation; providing for a
16         board of governors; providing that the
17         corporation is not required to obtain a
18         certificate of authority from the Department of
19         Insurance; providing that the corporation is
20         not required to be a member of the Florida
21         Insurance Guaranty Association; requiring the
22         corporation to pay assessments pledged by the
23         association to secure bonds to pay covered
24         claims arising from insurer insolvencies caused
25         by hurricane losses; providing for transfer of
26         policies of the association and the Florida
27         Windstorm Underwriting Association to the
28         corporation; providing for a transfer of assets
29         and liabilities; requiring the associations to
30         take actions necessary to further such
31         transfers; providing that such transfers do not
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  1         affect the coverage of "covered policies;"
  2         providing for the redesignation of certain
  3         coverage as the high-risk account of the
  4         corporation; providing that such account be
  5         treated as if it were a separate participating
  6         insurer for certain purposes; providing that
  7         the personal lines and commercial lines
  8         accounts be treated as a single participating
  9         insurer for certain purposes; providing that
10         the department may postpone the October 1,
11         2001, effective date of transfer under the act;
12         providing legislative intent not to interfere
13         with the rights of creditors, to preserve the
14         obligation of the association, and to assure
15         that outstanding financing agreements pass
16         unchanged to the corporation; providing an
17         effective date.
18
19  Be It Enacted by the Legislature of the State of Florida:
20
21         Section 1.  Subsection (6) of section 627.351, Florida
22  Statutes, is amended to read:
23         627.351  Insurance risk apportionment plans.--
24         (6)  CITIZENS RESIDENTIAL PROPERTY INSURANCE
25  CORPORATION AND CASUALTY JOINT UNDERWRITING ASSOCIATION.--
26         (a)1.  The Legislature finds that actual and threatened
27  catastrophic losses to property in this state from hurricanes
28  have caused insurers to be unwilling or unable to provide
29  property insurance coverage to the extent sought and needed.
30  It is in the public interest and a public purpose to assist in
31  assuring that property in the state is insured so as to
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  1  facilitate the remediation, reconstruction, and replacement of
  2  damaged or destroyed property in order to reduce or avoid the
  3  negative effects otherwise resulting to the public health,
  4  safety, and welfare; to the economy of the state; and to the
  5  revenues of the state and local governments needed to provide
  6  for the public welfare. It is necessary, therefore, to provide
  7  property insurance to applicants who are in good faith
  8  entitled to procure insurance through the voluntary market but
  9  are unable to do so. The Legislature intends by this
10  subsection that such insurance be provided and continues, as
11  long as necessary, through a public-benefits corporation which
12  is organized to achieve efficiencies and economies, all toward
13  the achievement of the foregoing public purposes.
14         2.  The Residential Property and Casualty Joint
15  Underwriting Association originally created by this statute
16  shall be known, as of October 1, 2001, as the Citizens
17  Property Insurance Corporation. The Corporation shall operate
18  as
19         (a)  There is created a public benefits corporation
20  joint underwriting association for insuring residential and
21  commercial equitable apportionment or sharing among insurers
22  of property and casualty insurance covering residential
23  property, for applicants who are in good faith entitled, but
24  are unable, to procure insurance through the voluntary market.
25  The corporation association shall operate pursuant to a plan
26  of operation approved by order of the department. The plan is
27  subject to continuous review by the department. The department
28  may, by order, withdraw approval of all or part of a plan if
29  the department determines that conditions have changed since
30  approval was granted and that the purposes of the plan require
31  changes in the plan.  For the purposes of this subsection,
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  1  residential coverage includes both personal lines residential
  2  coverage, which consists of the type of coverage provided by
  3  homeowner's, mobile home owner's, dwelling, tenant's,
  4  condominium unit owner's, and similar policies, and commercial
  5  lines residential coverage, which consists of the type of
  6  coverage provided by condominium association, apartment
  7  building, and similar policies.
  8         (b)1.  All insurers authorized to write one or more
  9  subject lines of business in this state and insurers writing
10  one or more subject lines of business pursuant to part VIII of
11  chapter 626, other than underwriting associations or other
12  entities created under this section, must participate in and
13  be members of the corporation, collectively referred to as
14  "participating insurers" Residential Property and Casualty
15  Joint Underwriting Association. An authorized insurer's A
16  member's participation shall begin on the first day of the
17  calendar year following the year in which the insurer member
18  was issued a certificate of authority to transact insurance
19  for subject lines of business in this state and shall
20  terminate 1 year after the end of the first calendar year
21  during which the insurer member no longer holds a certificate
22  of authority to transact insurance for subject lines of
23  business in this state. For insurers transacting insurance for
24  subject lines of business in this state pursuant to part VIII
25  of chapter 626, the insurer's participating shall begin on the
26  first day of the calendar year following the year in which the
27  insurer began transacting insurance for subject lines of
28  business in this state and shall terminate 1 year after the
29  corporation no longer has any liabilities in this state for
30  the subject lines of business.
31
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  1         2.a.  All revenues, assets, liabilities, losses, and
  2  expenses of the corporation association shall be divided into
  3  three two separate accounts, as follows:
  4         (I)  A personal lines account for personal residential
  5  policies issued by the corporation or issued by the
  6  Residential Property and Casualty Joint Underwriting
  7  Association and renewed by the corporation on risks which are
  8  not located in areas eligible for coverage in the Florida
  9  Windstorm Underwriting Association as those areas were defined
10  on January 1, 2001;
11         (II)  A commercial lines account for commercial
12  residential policies issued by the corporation or issued by
13  the Residential Property and Casualty Joint Underwriting
14  Association and renewed by the corporation on risks which are
15  not located in areas eligible for coverage in the Florida
16  Windstorm Underwriting Association as those areas were defined
17  on January 1, 2001; and
18         (III)  A high-risk account for personal residential
19  policies and commercial residential and commercial
20  nonresidential property policies issued by the corporation or
21  transferred to the corporation on risks which are located in
22  areas eligible for coverage in the Florida Windstorm
23  Underwriting Association as those areas were defined on
24  January 1, 2001.  one of which is for personal lines
25  residential coverages and the other of which is for commercial
26  lines residential coverages.
27         b.  Revenues, assets, liabilities, losses, and expenses
28  not attributable to particular coverages shall be prorated
29  among between the accounts.
30         3.  With respect to a deficit in an account:
31
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  1         a.  When the deficit incurred in a particular calendar
  2  year is not greater than 10 percent of the aggregate statewide
  3  direct written premium for the subject lines of business for
  4  the prior calendar year for all participating member insurers,
  5  the entire deficit shall be recovered through assessments of
  6  participating member insurers under paragraph (g).
  7         b.  When the deficit incurred in a particular calendar
  8  year exceeds 10 percent of the aggregate statewide direct
  9  written premium for the subject lines of business for the
10  prior calendar year for all participating member insurers, the
11  corporation association shall levy an assessment on
12  participating member insurers in an amount equal to the
13  greater of 10 percent of the deficit or 10 percent of the
14  aggregate statewide direct written premium for the subject
15  lines of business for the prior calendar year for all member
16  insurers. Any remaining deficit shall be recovered through
17  emergency assessments under sub-subparagraph d.
18         c.  Each participating member insurer's share of the
19  total assessment under sub-subparagraph a. or sub-subparagraph
20  b. shall be in the proportion that the participating member
21  insurer's direct written premium for the subject lines of
22  business for the year preceding the assessment bears to the
23  aggregate statewide direct written premium for the subject
24  lines of business for that year for all participating member
25  insurers.
26         d.  Upon a determination by the board of governors that
27  a deficit in an account exceeds the amount that will be
28  recovered through regular assessments on participating member
29  insurers under sub-subparagraph a. or sub-subparagraph b., the
30  board shall levy, after verification by the department,
31  emergency assessments to be collected by participating member
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  1  insurers and the corporation by underwriting associations
  2  created under this section which write subject lines of
  3  business upon issuance or renewal of policies for subject
  4  lines of business, excluding National Flood Insurance
  5  policies, in the year or years following levy of the regular
  6  assessments. The amount of the emergency assessment collected
  7  in a particular year shall be a uniform percentage of that
  8  year's direct written premium for subject lines of business
  9  for all participating member insurers and all accounts of the
10  corporation underwriting associations, excluding National
11  Flood Insurance Program policy premiums, as annually
12  determined by the board and verified by the department. The
13  department shall verify the arithmetic calculations involved
14  in the board's determination within 30 days after receipt of
15  the information on which the determination was based.
16  Notwithstanding any other provision of law, each participating
17  member insurer that and each underwriting association created
18  under this section which writes subject lines of business and
19  the corporation shall collect emergency assessments from its
20  policyholders without such obligation being affected by any
21  credit, limitation, exemption, or deferment. The emergency
22  assessments so collected shall be transferred directly to the
23  corporation association on a periodic basis as determined by
24  the corporation association. The aggregate amount of emergency
25  assessments levied under this sub-subparagraph in any calendar
26  year may not exceed the greater of 10 percent of the amount
27  needed to cover the original deficit, plus interest, fees,
28  commissions, required reserves, and other costs associated
29  with financing of the original deficit, or 10 percent of the
30  aggregate statewide direct written premium for subject lines
31  of business written by participating member insurers and for
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  1  all accounts of the corporation underwriting associations for
  2  the prior year, plus interest, fees, commissions, required
  3  reserves, and other costs associated with financing the
  4  original deficit. For participating insurers writing one or
  5  more subject lines of business pursuant to part VIII of
  6  chapter 626, the Florida Surplus Lines Service Office shall
  7  verify and collect emergency assessments for policyholders of
  8  such insurers and remit as instructed by the corporation. The
  9  Florida Surplus Lines Service Office shall also require
10  insurers transacting business in this state pursuant to part
11  VIII of chapter 626 to identify those premiums which are
12  attributable to the subject lines of business.
13         e.  The board may pledge the proceeds of assessments,
14  projected recoveries from the Florida Hurricane Catastrophe
15  Fund, other insurance and reinsurance recoverables, market
16  equalization surcharges and other surcharges, and other funds
17  available to the corporation association as the source of
18  revenue for and to secure bonds issued under paragraph (g),
19  bonds or other indebtedness issued under subparagraph (c)2.
20  (c)3., or lines of credit or other financing mechanisms issued
21  or created under this subsection, or to retire any other debt
22  incurred as a result of deficits or events giving rise to
23  deficits, or in any other way that the board determines will
24  efficiently recover such deficits. The purpose of the lines of
25  credit or other financing mechanisms is to provide additional
26  resources to assist the corporation association in covering
27  claims and expenses attributable to a catastrophe. As used in
28  this subsection, the term "assessments" includes regular
29  assessments under sub-subparagraph a., sub-subparagraph b., or
30  subparagraph (g)1. and emergency assessments under
31  sub-subparagraph d. Emergency assessments collected under
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  1  sub-subparagraph d. are not part of an insurer's rates, are
  2  not premium, and are not subject to premium tax, fees, or
  3  commissions; however, failure to pay the emergency assessment
  4  shall be treated as failure to pay premium. The emergency
  5  assessments under sub-subparagraph d. shall continue as long
  6  as any bonds issued or other indebtedness incurred with
  7  respect to a deficit for which the assessment was imposed
  8  remain outstanding, unless adequate provision has been made
  9  for the payment of such bonds or other indebtedness pursuant
10  to the documents governing such bonds or other indebtedness.
11         f.  As used in this subsection, the term "subject lines
12  of business" means insurance on real or personal property, as
13  defined in s. 624.604, including insurance for fire,
14  industrial fire, allied lines, farmowners multiperil,
15  homeowners multiperil, commercial multiperil, and mobile
16  homes, including liability coverage on all such insurance but
17  excluding inland marine as defined in s. 624.607(3) and
18  excluding vehicle insurance as defined in s. 624.605(1) other
19  than insurance on mobile homes used as permanent dwellings.
20         g.  The procedures to be used by the corporation to
21  determine the statewide direct written premium for the subject
22  lines of business shall be included in the plan of operation,
23  with respect to the personal lines account, any personal lines
24  policy defined in s. 627.4025, and means, with respect to the
25  commercial lines account, all commercial property and
26  commercial fire insurance.
27         (c)  The plan of operation of the corporation
28  association:
29         1.  May provide for one or more designated insurers,
30  able and willing to provide policy and claims service, to act
31  on behalf of the association to provide such service.  Each
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  1  licensed agent shall be entitled to indicate the order of
  2  preference regarding who will service the business placed by
  3  the agent.  The association shall adhere to each agent's
  4  preferences unless after consideration of other factors in
  5  assigning agents, including, but not limited to, servicing
  6  capacity and fee arrangements, the association has reason to
  7  believe it is in the best interest of the association to make
  8  a different assignment.
  9         1.2.  Must provide for adoption of residential property
10  and casualty insurance policy forms and commercial residential
11  and nonresidential property insurance forms, which forms must
12  be approved by the department prior to use. The corporation
13  association shall adopt the following policy forms:
14         a.  Standard personal lines policy forms including wind
15  coverage, which are multiperil policies providing what is
16  generally considered to be full coverage of a residential
17  property similar to the coverage provided under an HO-2, HO-3,
18  HO-4, or HO-6 policy.
19         b.  Standard personal lines policy forms without wind
20  coverage, which are the same as the policies described in
21  sub-subparagraph a. except that they do not include wind
22  coverage.
23         b.c.  Basic personal lines policy forms including wind
24  coverage, which are policies similar to an HO-8 policy or a
25  dwelling fire policy that provide coverage meeting the
26  requirements of the secondary mortgage market, but which
27  coverage is more limited than the coverage under a standard
28  policy.
29         d.  Basic personal lines policy forms without wind
30  coverage, which are the same as the policies described in
31  sub-subparagraph c. except they do not include wind coverage.
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  1         c.e.  Commercial lines residential policy forms
  2  including wind coverage that are generally similar to the
  3  basic perils of full coverage obtainable for commercial
  4  residential structures in the admitted voluntary market.
  5         d.  Commercial nonresidential property insurance forms
  6  that cover the peril of wind only. Such form is applicable
  7  only to commercial nonresidential properties located in areas
  8  eligible for coverage in the Florida Windstorm Underwriting
  9  Association as those areas were defined on January 1, 2001.
10         f.  Commercial lines residential policy forms without
11  wind coverage, which are the same as the policies described in
12  sub-subparagraph e. except that they do not include wind
13  coverage.
14         2.3.  May provide that the corporation association may
15  employ or otherwise contract with individuals or other
16  entities to provide administrative or professional services
17  that may be appropriate to effectuate the plan. The
18  corporation association shall have the power to borrow funds,
19  by issuing bonds or by incurring other indebtedness, and shall
20  have other powers reasonably necessary to effectuate the
21  requirements of this subsection. The corporation is
22  authorized, but is not required, to seek judicial validation
23  of its bonds or other indebtedness under chapter 75. The
24  corporation association may issue bonds or incur other
25  indebtedness, or have bonds issued on its behalf by a unit of
26  local government pursuant to subparagraph (g)2., in the
27  absence of a hurricane or other weather-related event, upon a
28  determination by the corporation association, subject to
29  approval by the department, that such action would enable it
30  to efficiently meet the financial obligations of the
31  corporation association and that such financings are
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  1  reasonably necessary to effectuate the requirements of this
  2  subsection. The corporation association is authorized to take
  3  all actions needed to facilitate tax-free status for any such
  4  bonds or indebtedness, including formation of trusts or other
  5  affiliated entities. The corporation association shall have
  6  the authority to pledge assessments, projected recoveries from
  7  the Florida Hurricane Catastrophe Fund, other reinsurance
  8  recoverables, market equalization and other surcharges, and
  9  other funds available to the corporation association as
10  security for bonds or other indebtedness. In recognition of s.
11  10, Art. I of the State Constitution, prohibiting the
12  impairment of obligations of contracts, it is the intent of
13  the Legislature that no action be taken whose purpose is to
14  impair any bond indenture or financing agreement or any
15  revenue source committed by contract to such bond or other
16  indebtedness.
17         3.4.  Must require that the corporation association
18  operate subject to the supervision and approval of a board of
19  governors consisting of 7 13 individuals appointed by the
20  Insurance Commissioner. The Insurance Commissioner shall
21  designate one of the appointees, including 1 who is elected as
22  chair. The board shall consist of:
23         a.  The insurance consumer advocate appointed under s.
24  627.0613.
25         b.  Five members designated by the insurance industry.
26         c.  Five consumer representatives appointed by the
27  Insurance Commissioner. Two of the consumer representatives
28  must, at the time of appointment, be holders of policies
29  issued by the association, who are selected with consideration
30  given to reflecting the geographic balance of association
31  policyholders. Two of the consumer members must be individuals
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  1  who are minority persons as defined in s. 288.703(3). One of
  2  the consumer members shall have expertise in the field of
  3  mortgage lending.
  4         d.  Two representatives of the insurance industry
  5  appointed by the Insurance Commissioner. Of the two insurance
  6  industry representatives appointed by the Insurance
  7  Commissioner, at least one must be an individual who is a
  8  minority person as defined in s. 288.703(3).
  9
10  Any board member may be disapproved or removed and replaced by
11  the commissioner at any time for cause. All board members,
12  including the chair, must be appointed to serve for 3-year
13  terms beginning annually on a date designated by the plan. Any
14  board vacancy must be filled for the unexpired term of such
15  board member by appointment by the Insurance Commissioner.
16         4.5.  Must provide a procedure for determining the
17  eligibility of a risk for coverage, as follows:
18         a.  With respect to personal lines residential risks,
19  if the risk is offered full coverage from an authorized
20  insurer at the insurer's approved rate under either a standard
21  policy including wind coverage or, if consistent with the
22  insurer's underwriting rules as filed with the department, a
23  basic policy including wind coverage, the risk is not eligible
24  for any policy issued by the corporation association. If the
25  risk accepts an offer of coverage through the market
26  assistance plan or an offer of coverage through a mechanism
27  established by the corporation association before a policy is
28  issued to the risk by the corporation association or during
29  the first 30 days of coverage by the corporation association,
30  and the producing agent who submitted the application to the
31
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  1  plan or to the corporation association is not currently
  2  appointed by the insurer, the insurer shall: either
  3         (I)  Pay to the producing agent of record of the
  4  policy, for the first year, an amount which is the greater of
  5  the insurer's usual and customary commission for the type of
  6  policy written or a policy fee equal to the usual and
  7  customary commission of the corporation;
  8         (II)  Offer to allow the producing agent of record of
  9  the policy to continue servicing the policy for a period of
10  not less than 1 year and offer to pay the agent the insurer's
11  usual and customary commission for the type of policy written;
12  or
13         (III)  If the new or producing agent is an employee or
14  exclusive agent of the insurer, the new insurer shall pay the
15  agent in accordance with sub-sub-subparagraph (I). appoint the
16  agent to service the risk or, if the insurer places the
17  coverage through a new agent, require the new agent who then
18  writes the policy to pay not less than 50 percent of the first
19  year's commission to the producing agent who submitted the
20  application to the plan or the association, except that if the
21  new agent is an employee or exclusive agent of the insurer,
22  the new agent shall pay a policy fee of $50 to the producing
23  agent in lieu of splitting the commission.
24
25  If the risk is not able to obtain any such offer, the risk is
26  eligible for either a standard policy including wind coverage
27  or a basic policy including wind coverage issued by the
28  corporation association; however, if the risk could not be
29  insured under a standard policy including wind coverage
30  regardless of market conditions, the risk shall be eligible
31  for a basic policy including wind coverage unless rejected
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  1  under subparagraph 7. 8. The corporation association shall
  2  determine the type of policy to be provided on the basis of
  3  objective standards specified in the underwriting manual and
  4  based on generally accepted underwriting practices.
  5         b.  With respect to commercial lines residential risks,
  6  if the risk is offered coverage under a policy including wind
  7  coverage from an authorized insurer at its approved rate, the
  8  risk is not eligible for any policy issued by the corporation
  9  association. If the risk accepts an offer of coverage through
10  the market assistance plan or an offer of coverage through a
11  mechanism established by the corporation association before a
12  policy is issued to the risk by the corporation association,
13  and the producing agent who submitted the application to the
14  plan or the corporation association is not currently appointed
15  by the insurer, the insurer shall: either
16         (I)  Pay to the producing agent of record of the
17  policy, for the first year, an amount which is the greater of
18  the insurer's usual and customary commission for the type of
19  policy written or a policy fee equal to the usual and
20  customary commission of the corporation;
21         (II)  Offer to allow the producing agent of record of
22  the policy to continue servicing the policy for a period of
23  not less than one year and offer to pay the agent the
24  insurer's usual and customary commission for the type of
25  policy written; or
26         (III)  If the new or producing agent is an employee or
27  exclusive agent of the insurer, the new insurer shall pay the
28  agent in accordance with sub-sub-subparagraph (I). appoint the
29  agent to service the risk or, if the insurer places the
30  coverage through a new agent, require the new agent who then
31  writes the policy to pay not less than 50 percent of the first
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  1  year's commission to the producing agent who submitted the
  2  application to the plan, except that if the new agent is an
  3  employee or exclusive agent of the insurer, the new agent
  4  shall pay a policy fee of $50 to the producing agent in lieu
  5  of splitting the commission.
  6
  7  If the risk is not able to obtain any such offer, the risk is
  8  eligible for a policy including wind coverage issued by the
  9  corporation association.
10         c.  This subparagraph does not require the association
11  to provide wind coverage or hurricane coverage in any area in
12  which such coverage is available through the Florida Windstorm
13  Underwriting Association.
14         5.6.  Must include rules for classifications of risks
15  and rates therefor.
16         6.7.  Must provide that if premium and investment
17  income attributable to a particular calendar plan year are in
18  excess of projected losses and expenses for an account of the
19  plan attributable to that year, such excess shall be held in
20  surplus in the account. Such surplus shall be available to
21  defray deficits as to future years and shall be used for that
22  purpose prior to assessing participating member insurers as to
23  any calendar plan year.
24         7.8.  Must provide objective criteria and procedures to
25  be uniformly applied for all applicants in determining whether
26  an individual risk is so hazardous as to be uninsurable. In
27  making this determination and in establishing the criteria and
28  procedures, the following shall be considered:
29         a.  Whether the likelihood of a loss for the individual
30  risk is substantially higher than for other risks of the same
31  class; and
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  1         b.  Whether the uncertainty associated with the
  2  individual risk is such that an appropriate premium cannot be
  3  determined.
  4
  5  The acceptance or rejection of a risk by the corporation
  6  association shall be construed as the private placement of
  7  insurance, and the provisions of chapter 120 shall not apply.
  8         8.9.  Must provide that the corporation association
  9  shall make its best efforts to procure catastrophe reinsurance
10  at reasonable rates, as determined by the board of governors.
11         9.10.  Must provide that in the event of regular
12  deficit assessments under sub-subparagraph (b)3.a. or
13  sub-subparagraph (b)3.b., in the personal lines account, the
14  commercial lines residential account, or the high-risk account
15  or by the Florida Windstorm Underwriting Association under
16  sub-sub-subparagraph (2)(b)2.d.(I) or sub-sub-subparagraph
17  (2)(b)2.d.(II), the corporation association shall levy upon
18  corporation association policyholders in such account in its
19  next rate filing, or by a separate rate filing solely for this
20  purpose, a market equalization surcharge in a percentage equal
21  to the total amount of such regular assessments divided by the
22  aggregate statewide direct written premium for subject lines
23  of business for participating member insurers for the prior
24  calendar year. Market equalization surcharges under this
25  subparagraph are not considered premium and are not subject to
26  commissions, fees, or premium taxes; however, failure to pay a
27  market equalization surcharge shall be treated as failure to
28  pay premium.
29         10.11.  The policies issued by the corporation
30  association must provide that, if the corporation association
31  or the market assistance plan obtains an offer from an
                                  17
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  1  authorized insurer to cover the risk at its approved rates
  2  under either a standard policy including wind coverage or a
  3  basic policy including wind coverage, the risk is no longer
  4  eligible for renewal coverage through the corporation
  5  association. However, if the risk is located in an area in
  6  which Florida Windstorm Underwriting Association coverage is
  7  available, such an offer of a standard or basic policy
  8  terminates eligibility regardless of whether or not the offer
  9  includes wind coverage. Upon termination of eligibility, the
10  association shall provide written notice to the policyholder
11  and agent of record stating that the association policy shall
12  be canceled as of 60 days after the date of the notice because
13  of the offer of coverage from an authorized insurer. Other
14  provisions of the insurance code relating to cancellation and
15  notice of cancellation do not apply to actions under this
16  subparagraph.
17         11.12.  Corporation Association policies and
18  applications must include a notice that the corporation
19  association policy could, under this section or s. 627.3511,
20  be replaced with a policy issued by an authorized admitted
21  insurer that does not provide coverage identical to the
22  coverage provided by the corporation association. The notice
23  shall also specify that acceptance of corporation association
24  coverage creates a conclusive presumption that the applicant
25  or policyholder is aware of this potential.
26         12.13.  May establish, subject to approval by the
27  department, different eligibility requirements and operational
28  procedures for any line or type of coverage for any specified
29  county or area if the board determines that such changes to
30  the eligibility requirements and operational procedures are
31  justified due to the voluntary market being sufficiently
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  1  stable and competitive in such area or for such line or type
  2  of coverage and that consumers who, in good faith, are unable
  3  to obtain insurance through the voluntary market through
  4  ordinary methods would continue to have access to coverage
  5  from the corporation association. When coverage is sought in
  6  connection with a real property transfer, such requirements
  7  and procedures shall not provide for an effective date of
  8  coverage later than the date of the closing of the transfer as
  9  established by the transferor, the transferee, and, if
10  applicable, the lender.
11         13.  Shall provide that, with respect to the high-risk
12  account, any participating insurer with a surplus as to
13  policyholders of $20 million or less writing 25 percent or
14  more of its total countrywide property insurance premiums in
15  this state may petition the department, within the first 90
16  days of each calendar year, to qualify as a limited
17  apportionment corporation. In no event shall a limited
18  apportionment corporation be required to participate in any
19  assessment, within the high-risk account, pursuant to
20  sub-subparagraph (b)3.a. or sub-subparagraph (b)3.b. in the
21  aggregate which exceeds $50 million after payment of available
22  high-risk account funds in any calendar year. However, a
23  limited apportionment corporation shall collect from its
24  policyholders any emergency assessment imposed under
25  sub-subparagraph (b)3.d. The plan shall provide that, if the
26  department determines that any regular assessment will result
27  in an impairment of the surplus of a limited apportionment
28  corporation, the department may direct that all or part of
29  such assessment be deferred. However, there shall be no
30  limitation or deferment of an emergency assessment to be
31  collected from policyholders under sub-subparagraph (b)3.d.
                                  19
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  1         (d)1.  It is the intent of the Legislature that the
  2  rates for coverage provided by the corporation association be
  3  actuarially sound and not competitive with approved rates
  4  charged in the admitted voluntary market, so that the
  5  corporation association functions as a residual market
  6  mechanism to provide insurance only when the insurance cannot
  7  be procured in the voluntary market. Rates shall include an
  8  appropriate catastrophe loading factor that reflects the
  9  actual catastrophic exposure of the corporation association
10  and recognizes that the association has little or no capital
11  or surplus; and the association shall carefully review each
12  rate filing to assure that provider compensation is not
13  excessive.
14         2.  For each county, the average rates of the
15  corporation association for each line of business for personal
16  lines residential policies shall be no lower than the average
17  rates charged by the insurer that had the highest average rate
18  in that county among the 20 insurers with the greatest total
19  direct written premium in the state for that line of business
20  in the preceding year, except that with respect to mobile home
21  coverages, the average rates of the corporation association
22  shall be no lower than the average rates charged by the
23  insurer that had the highest average rate in that county among
24  the 5 insurers with the greatest total written premium for
25  mobile home owner's policies in the state in the preceding
26  year.
27         3.  Rates for commercial residential coverage shall not
28  be subject to the requirements of subparagraph 2., but shall
29  be subject to all other requirements of this paragraph and s.
30  627.062.
31
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  1         4.  Nothing in this paragraph shall require or allow
  2  the corporation association to adopt a rate that is inadequate
  3  under s. 627.062 or to reduce rates approved under s. 627.062.
  4         5.  The association may require arbitration of a filing
  5  pursuant to s. 627.062(6). Rate filings of the association
  6  under this paragraph shall be made on a use and file basis
  7  under s. 627.062(2)(a)2. The corporation association shall
  8  make a rate filing at least once a year, but no more often
  9  than quarterly.
10         (e)  If coverage in an account through the association
11  is hereby activated effective upon approval of the plan, and
12  shall remain activated until coverage is deactivated pursuant
13  to paragraph (f). Thereafter, coverage through the corporation
14  association shall be reactivated by order of the department
15  only under one of the following circumstances:
16         1.  If the market assistance plan receives a minimum of
17  100 applications for coverage within a 3-month period, or 200
18  applications for coverage within a 1-year period or less for
19  residential coverage, unless the market assistance plan
20  provides a quotation from admitted carriers at their filed
21  rates for at least 90 percent of such applicants. Any market
22  assistance plan application that is rejected because an
23  individual risk is so hazardous as to be uninsurable using the
24  criteria specified in subparagraph (c)8. shall not be included
25  in the minimum percentage calculation provided herein. In the
26  event that there is a legal or administrative challenge to a
27  determination by the department that the conditions of this
28  subparagraph have been met for eligibility for coverage in the
29  corporation association, any eligible risk may obtain coverage
30  during the pendency of such challenge.
31
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  1         2.  In response to a state of emergency declared by the
  2  Governor under s. 252.36, the department may activate coverage
  3  by order for the period of the emergency upon a finding by the
  4  department that the emergency significantly affects the
  5  availability of residential property insurance.
  6         (f)  The activities of the corporation association
  7  shall be reviewed at least annually by the department to
  8  determine whether board and, upon recommendation by the board
  9  or petition of any interested party, coverage shall be
10  deactivated in an account on the basis if the department finds
11  that the conditions giving rise to its activation no longer
12  exist.
13         (g)1.  The board shall certify to the department its
14  needs for annual assessments as to a particular calendar year,
15  and for any startup or interim assessments that it deems to be
16  necessary to sustain operations as to a particular year
17  pending the receipt of annual assessments. Upon verification,
18  the department shall approve such certification, and the board
19  shall levy such annual, startup, or interim assessments. Such
20  assessments shall be prorated as provided in paragraph (b).
21  The board shall take all reasonable and prudent steps
22  necessary to collect the amount of assessment due from each
23  participating member insurer, including, if prudent, filing
24  suit to collect such assessment. If the board is unable to
25  collect an assessment from any participating member insurer,
26  the uncollected assessments shall be levied as an additional
27  assessment against the participating member insurers and any
28  participating member insurer required to pay an additional
29  assessment as a result of such failure to pay shall have a
30  cause of action against such nonpaying participating member
31
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  1  insurer. Assessments shall be included as an appropriate
  2  factor in the making of rates.
  3         2.  The governing body of any unit of local government,
  4  any residents of which are insured by the corporation
  5  association, may issue bonds as defined in s. 125.013 or s.
  6  166.101 from time to time to fund an assistance program, in
  7  conjunction with the corporation association, for the purpose
  8  of defraying deficits of the corporation association. In order
  9  to avoid needless and indiscriminate proliferation,
10  duplication, and fragmentation of such assistance programs,
11  any unit of local government, any residents of which are
12  insured by the corporation association, may provide for the
13  payment of losses, regardless of whether or not the losses
14  occurred within or outside of the territorial jurisdiction of
15  the local government. Revenue bonds may not be issued until
16  validated pursuant to chapter 75, unless a state of emergency
17  is declared by executive order or proclamation of the Governor
18  pursuant to s. 252.36 making such findings as are necessary to
19  determine that it is in the best interests of, and necessary
20  for, the protection of the public health, safety, and general
21  welfare of residents of this state and the protection and
22  preservation of the economic stability of insurers operating
23  in this state, and declaring it an essential public purpose to
24  permit certain municipalities or counties to issue such bonds
25  as will permit relief to claimants and policyholders of the
26  corporation joint underwriting association and insurers
27  responsible for apportionment of corporation association
28  losses. Any such unit of local government may enter into such
29  contracts with the corporation association and with any other
30  entity created pursuant to this subsection as are necessary to
31  carry out this paragraph. Any bonds issued under this
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  1  subparagraph shall be payable from and secured by moneys
  2  received by the corporation association from emergency
  3  assessments under sub-subparagraph (b)3.d., and assigned and
  4  pledged to or on behalf of the unit of local government for
  5  the benefit of the holders of such bonds.  The funds, credit,
  6  property, and taxing power of the state or of the unit of
  7  local government shall not be pledged for the payment of such
  8  bonds. If any of the bonds remain unsold 60 days after
  9  issuance, the department shall require all insurers subject to
10  assessment to purchase the bonds, which shall be treated as
11  admitted assets; each insurer shall be required to purchase
12  that percentage of the unsold portion of the bond issue that
13  equals the insurer's relative share of assessment liability
14  under this subsection. An insurer shall not be required to
15  purchase the bonds to the extent that the department
16  determines that the purchase would endanger or impair the
17  solvency of the insurer.
18         3.a.  In addition to any credits, bonuses, or
19  exemptions provided under s. 627.3511, The board shall adopt a
20  program subject to approval by the department for the
21  reduction of both new and renewal writings in the corporation
22  association. The board may consider any prudent and not
23  unfairly discriminatory approach to reducing corporation
24  association writings, and may but must adopt at least a credit
25  against assessment liability or other liability that provides
26  an incentive for insurers to take risks out of the corporation
27  association and to keep risks out of the corporation
28  association by maintaining or increasing voluntary writings in
29  counties or areas in which corporation association risks are
30  highly concentrated and a program to provide a formula under
31  which an insurer voluntarily taking risks out of the
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  1  corporation association by maintaining or increasing voluntary
  2  writings will be relieved wholly or partially from assessments
  3  under sub-subparagraphs (b)3.a. and b. When the corporation
  4  enters into a contractual agreement for a take-out plan, the
  5  producing agent of record of the corporation policy is
  6  entitled to retain any unearned commission on such policy, and
  7  the insurer shall:
  8         (I)  Pay to the producing agent of record of the
  9  policy, for the first year, an amount which is the greater of
10  the insurer's usual and customary commission for the type of
11  policy written or a policy fee equal to the usual and
12  customary commission of the corporation;
13         (II)  Offer to allow the producing agent of record of
14  the policy to continue servicing the policy for a period of
15  not less than one year and offer to pay the agent the
16  insurer's usual and customary commission for the type of
17  policy written; or
18         (III)  If the new or producing agent is an employee or
19  exclusive agent of the insurer, the new insurer shall pay the
20  agent in accordance with sub-sub-subparagraph (I).
21         b.  Any credit or exemption from regular assessments
22  adopted under this subparagraph shall last no longer than the
23  3 years following the cancellation or expiration of the policy
24  by the corporation association. With the approval of the
25  department, the board may extend such credits for an
26  additional year if the insurer guarantees an additional year
27  of renewability for all policies removed from the corporation
28  association, or for 2 additional years if the insurer
29  guarantees 2 additional years of renewability for all policies
30  so removed.
31
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  1         c.  There shall be no credit, limitation, exemption, or
  2  deferment from emergency assessments to be collected from
  3  policyholders pursuant to sub-subparagraph (b)3.d.
  4         4.  The plan shall provide for the deferment, in whole
  5  or in part, of the assessment of a participating member
  6  insurer, other than an emergency assessment collected from
  7  policyholders pursuant to sub-subparagraph (b)3.d., if the
  8  department finds that payment of the assessment would endanger
  9  or impair the solvency of the insurer. In the event an
10  assessment against a participating member insurer is deferred
11  in whole or in part, the amount by which such assessment is
12  deferred may be assessed against the other participating
13  member insurers in a manner consistent with the basis for
14  assessments set forth in paragraph (b).
15         (h)  Nothing in this subsection shall be construed to
16  preclude the issuance of residential property insurance
17  coverage pursuant to part VIII of chapter 626.
18         (i)  There shall be no liability on the part of, and no
19  cause of action of any nature shall arise against, any
20  participating member insurer or its agents or employees, the
21  corporation association or its agents or employees, members of
22  the board of governors or their respective designees at a
23  board meeting, corporation association committee members, or
24  the department or its representatives, for any action taken by
25  them in the performance of their duties or responsibilities
26  under this subsection. Such immunity does not apply to:
27         1.  Any of the foregoing persons or entities for any
28  willful tort;
29         2.  The corporation association or its servicing or
30  producing agents for breach of any contract or agreement
31  pertaining to insurance coverage;
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  1         3.  The corporation association with respect to
  2  issuance or payment of debt; or
  3         4.  Any participating member insurer with respect to
  4  any action to enforce a participating member insurer's
  5  obligations to the corporation association under this
  6  subsection.
  7         (j)  The corporation Residential Property and Casualty
  8  Joint Underwriting Association is not a state agency, board,
  9  or commission, but is a legislatively created public benefits
10  corporation serving a public purpose. However, For the
11  purposes of s. 199.183(1), the corporation Residential
12  Property and Casualty Joint Underwriting Association shall be
13  considered a political subdivision of the state and shall be
14  exempt from the corporate income tax and the state premium
15  tax. The corporation is not required to obtain or to hold a
16  certificate of authority issued by the department, nor is it
17  required to participate as a member insurer of the Florida
18  Insurance Guaranty Association. However, the corporation shall
19  pay assessments pledged by the Florida Insurance Guaranty
20  Association to secure bonds issued or other indebtedness
21  incurred to pay covered claims arising from insurer
22  insolvencies caused by, or proximately related to, hurricane
23  losses.
24         (k)  Upon a determination by the department board of
25  governors that the conditions giving rise to the establishment
26  and activation of the corporation association no longer exist,
27  and upon the consent thereto by order of the department, the
28  corporation association is dissolved. Upon dissolution, the
29  assets of the association shall be applied first to pay all
30  debts, liabilities, and obligations of the corporation
31  association, including the establishment of reasonable
                                  27
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  1  reserves for any contingent liabilities or obligations, and
  2  all remaining assets of the corporation association shall
  3  become property of the state and deposited in the Florida
  4  Hurricane Catastrophe Fund.
  5         (l)1.  Effective October 1, 2001, policies of the
  6  Residential Property and Casualty Joint Underwriting
  7  Association shall become policies of the corporation. All
  8  obligations, rights, assets and liabilities of the Residential
  9  Property and Casualty Joint Underwriting Association,
10  including bonds, note and debt obligations, and the financing
11  documents pertaining to them become those of the corporation
12  as of October 1, 2001. The corporation is not required to
13  issue endorsements or certificates of assumption to insureds
14  during the remaining term of in-force transferred policies.
15         2.  Effective October 1, 2001, policies of the Florida
16  Windstorm Underwriting Association are transferred to the
17  corporation and shall become policies of the corporation. All
18  obligations, rights, assets and liabilities of the Florida
19  Windstorm Underwriting Association, including bonds, note, and
20  debt obligations, and the financing documents pertaining to
21  them are transferred to and assumed by the corporation on
22  October 1, 2001. The corporation is not required to issue
23  endorsement or certificates of assumption to insureds during
24  the remaining term of in-force transferred policies.
25         3.  For policies transferred to the corporation from
26  the Florida Windstorm Underwriting Association with an
27  expiration date on or after January 1, 2002, notices of
28  nonrenewal shall be timely issued in accordance with s.
29  627.4133(2)(b). When the policyholder's wind-only policy is
30  nonrenewed, the corporation shall offer coverage under an
31  appropriate policy, covering the perils described in paragraph
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  1  (c), if the policyholder is otherwise eligible for coverage
  2  from the corporation.
  3         4.  The Florida Windstorm Underwriting Association and
  4  the Residential Property and Casualty Joint Underwriting
  5  Association shall take all actions as may be proper to further
  6  evidence such transfers and shall provide such documents and
  7  instruments of further assurance as may reasonably be
  8  requested by the corporation for such purpose. The corporation
  9  shall execute such assumptions and instruments as the trustees
10  or other parties to the financing documents of the Florida
11  Windstorm Underwriting Association or the Residential Property
12  and Casualty Joint Underwriting Association may reasonably
13  request to further evidence such transfers and assumptions,
14  which transfers and assumptions, however, shall be effective
15  as of the date provided under this paragraph whether or not,
16  and regardless of the date on which, such assumptions or
17  instruments are executed by the corporation. Subject to the
18  relevant financing documents pertaining to their outstanding
19  bonds, notes, indebtedness, or other financing obligations,
20  the moneys, investments, receivables, choses in action, and
21  other intangibles of the Florida Windstorm Underwriting
22  Association shall be credited to the high-risk account of the
23  corporation, and the personal lines residential coverage
24  account and the commercial lines residential coverage account
25  of the Residential Property and Casualty Joint Underwriting
26  Association shall be credited to the personal lines account
27  and the commercial lines account, respectively, of the
28  corporation.
29         5.  Effective October 1, 2001, a new applicant for
30  property insurance coverage who would have otherwise been
31  eligible for coverage in the Florida Windstorm Underwriting
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  1  Association shall be eligible for coverage from the
  2  corporation as provided in this paragraph.
  3         6.  The transfer of all policies, obligations, rights,
  4  assets, and liabilities from the Florida Windstorm
  5  Underwriting Association to the corporation and the renaming
  6  of the Residential Property and Casualty Joint Underwriting
  7  Association as the corporation shall in no way affect the
  8  coverage with respect to covered policies as defined in s.
  9  215.555(2)(c) provided to these entities by the Florida
10  Hurricane Catastrophe Fund. The coverage provided by the
11  Florida Hurricane Catastrophe Fund to the Florida Windstorm
12  Underwriting Association based on its exposures as of June 30,
13  2001, and each June 30 thereafter shall be redesignated as
14  coverage for the high-risk account of the corporation. The
15  coverage provided by the Florida Hurricane Catastrophe Fund to
16  the Residential Property and Casualty Joint Underwriting
17  Association based on its exposures as of June 30, 2001, and
18  each June 30 thereafter shall be transferred to the personal
19  lines account and the commercial lines account of the
20  corporation. The high-risk account shall be treated, for all
21  Florida Hurricane Catastrophe Fund purposes, as if it were a
22  separate participating insurer with its own exposures,
23  reimbursement premium, and loss reimbursement. Likewise, the
24  personal lines and commercial lines accounts shall be viewed
25  together, for all Florida Hurricane Catastrophe Fund purposes,
26  as if the two accounts were one and represent a single,
27  separate participating insurer with its own exposures,
28  reimbursement premium, and loss reimbursement. The coverage
29  provided by the Florida Hurricane Catastrophe Fund to the
30  corporation shall constitute and operate as a full transfer of
31  coverage from the Florida Windstorm Underwriting Association
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  1  and Residential Property and Casualty Joint Underwriting to
  2  the corporation.
  3         7.  The department may, by order, postpone the October
  4  1, 2001, effective dates set forth in this paragraph if the
  5  department finds that effectuation of these dates cannot be
  6  accomplished due to emergency conditions. All obligations,
  7  rights, assets, and liabilities of the Florida Property and
  8  Casualty Joint Underwriting Association created by subsection
  9  (5), which obligations, rights, assets, or liabilities relate
10  to the provision of commercial lines residential property
11  insurance coverage as described in this section are hereby
12  transferred to the Residential Property and Casualty Joint
13  Underwriting Association. The Residential Property and
14  Casualty Joint Underwriting Association is not required to
15  issue endorsements or certificates of assumption to insureds
16  during the remaining term of in-force transferred policies.
17         (m)  Notwithstanding any other provision of law:
18         1.  The pledge or sale of, the lien upon, and the
19  security interest in any rights, revenues, or other assets of
20  the corporation association created or purported to be created
21  pursuant to any financing documents to secure any bonds or
22  other indebtedness of the corporation association shall be and
23  remain valid and enforceable, notwithstanding the commencement
24  of and during the continuation of, and after, any
25  rehabilitation, insolvency, liquidation, bankruptcy,
26  receivership, conservatorship, reorganization, or similar
27  proceeding against the corporation association under the laws
28  of this state.
29         2.  No such proceeding shall relieve the corporation
30  association of its obligation, or otherwise affect its ability
31  to perform its obligation, to continue to collect, or levy and
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  1  collect, assessments, market equalization or other surcharges
  2  under subparagraph (c)9. (c)10., or any other rights,
  3  revenues, or other assets of the corporation association
  4  pledged pursuant to any financing documents.
  5         3.  Each such pledge or sale of, lien upon, and
  6  security interest in, including the priority of such pledge,
  7  lien, or security interest, any such assessments, market
  8  equalization or other surcharges, or other rights, revenues,
  9  or other assets which are collected, or levied and collected,
10  after the commencement of and during the pendency of, or
11  after, any such proceeding shall continue unaffected by such
12  proceeding.  As used in this subsection, the term "financing
13  documents" means any agreement or agreements, instrument or
14  instruments, or other document or documents now existing or
15  hereafter created evidencing any bonds or other indebtedness
16  of the corporation association or pursuant to which any such
17  bonds or other indebtedness has been or may be issued and
18  pursuant to which any rights, revenues, or other assets of the
19  corporation association are pledged or sold to secure the
20  repayment of such bonds or indebtedness, together with the
21  payment of interest on such bonds or such indebtedness, or the
22  payment of any other obligation or financial product, as
23  defined in the plan of operation of the corporation
24  association related to such bonds or indebtedness.
25         4.  Any such pledge or sale of assessments, revenues,
26  contract rights, or other rights or assets of the corporation
27  association shall constitute a lien and security interest, or
28  sale, as the case may be, that is immediately effective and
29  attaches to such assessments, revenues, or contract rights or
30  other rights or assets, whether or not imposed or collected at
31  the time the pledge or sale is made.  Any such pledge or sale
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  1  is effective, valid, binding, and enforceable against the
  2  corporation association or other entity making such pledge or
  3  sale, and valid and binding against and superior to any
  4  competing claims or obligations owed to any other person or
  5  entity, including policyholders in this state, asserting
  6  rights in any such assessments, revenues, or contract rights
  7  or other rights or assets to the extent set forth in and in
  8  accordance with the terms of the pledge or sale contained in
  9  the applicable financing documents, whether or not any such
10  person or entity has notice of such pledge or sale and without
11  the need for any physical delivery, recordation, filing, or
12  other action.
13         (n)1.  The following records of the corporation
14  Residential Property and Casualty Joint Underwriting
15  Association are confidential and exempt from the provisions of
16  s. 119.07(1) and s. 24(a), Art. I of the State Constitution:
17         a.  Underwriting files, except that a policyholder or
18  an applicant shall have access to his or her own underwriting
19  files.
20         b.  Claims files, until termination of all litigation
21  and settlement of all claims arising out of the same incident,
22  although portions of the claims files may remain exempt, as
23  otherwise provided by law. Confidential and exempt claims file
24  records may be released to other governmental agencies upon
25  written request and demonstration of need; such records held
26  by the receiving agency remain confidential and exempt as
27  provided for herein.
28         c.  Records obtained or generated by an internal
29  auditor pursuant to a routine audit, until the audit is
30  completed, or if the audit is conducted as part of an
31  investigation, until the investigation is closed or ceases to
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  1  be active.  An investigation is considered "active" while the
  2  investigation is being conducted with a reasonable, good faith
  3  belief that it could lead to the filing of administrative,
  4  civil, or criminal proceedings.
  5         d.  Matters reasonably encompassed in privileged
  6  attorney-client communications.
  7         e.  Proprietary information licensed to the corporation
  8  association under contract and the contract provides for the
  9  confidentiality of such proprietary information.
10         f.  All information relating to the medical condition
11  or medical status of a corporation an association employee
12  which is not relevant to the employee's capacity to perform
13  his or her duties, except as otherwise provided in this
14  paragraph. Information which is exempt shall include, but is
15  not limited to, information relating to workers' compensation,
16  insurance benefits, and retirement or disability benefits.
17         g.  Upon an employee's entrance into the employee
18  assistance program, a program to assist any employee who has a
19  behavioral or medical disorder, substance abuse problem, or
20  emotional difficulty which affects the employee's job
21  performance, all records relative to that participation shall
22  be confidential and exempt from the provisions of s. 119.07(1)
23  and s. 24(a), Art. I of the State Constitution, except as
24  otherwise provided in s. 112.0455(11).
25         h.  Information relating to negotiations for financing,
26  reinsurance, depopulation, or contractual services, until the
27  conclusion of the negotiations.
28         i.  Minutes of closed meetings regarding underwriting
29  files, and minutes of closed meetings regarding an open claims
30  file until termination of all litigation and settlement of all
31
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  1  claims with regard to that claim, except that information
  2  otherwise confidential or exempt by law will be redacted.
  3
  4  When an authorized insurer is considering underwriting a risk
  5  insured by the corporation association, relevant underwriting
  6  files and confidential claims files may be released to the
  7  insurer provided the insurer agrees in writing, notarized and
  8  under oath, to maintain the confidentiality of such files.
  9  When a file is transferred to an insurer that file is no
10  longer a public record because it is not held by an agency
11  subject to the provisions of the public records law.
12  Underwriting files and confidential claims files may also be
13  released to staff of and the board of governors of the market
14  assistance plan established pursuant to s. 627.3515, who must
15  retain the confidentiality of such files, except such files
16  may be released to authorized insurers that are considering
17  assuming the risks to which the files apply, provided the
18  insurer agrees in writing, notarized and under oath, to
19  maintain the confidentiality of such files.  Finally, the
20  corporation association or the board or staff of the market
21  assistance plan may make the following information obtained
22  from underwriting files and confidential claims files
23  available to licensed general lines insurance agents: name,
24  address, and telephone number of the residential property
25  owner or insured; location of the risk; rating information;
26  loss history; and policy type.  The receiving licensed general
27  lines insurance agent must retain the confidentiality of the
28  information received.
29         2.  Portions of meetings of the corporation Residential
30  Property and Casualty Joint Underwriting Association are
31  exempt from the provisions of s. 286.011 and s. 24(b), Art. I
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  1  of the State Constitution wherein confidential underwriting
  2  files or confidential open claims files are discussed.  All
  3  portions of corporation association meetings which are closed
  4  to the public shall be recorded by a court reporter.  The
  5  court reporter shall record the times of commencement and
  6  termination of the meeting, all discussion and proceedings,
  7  the names of all persons present at any time, and the names of
  8  all persons speaking.  No portion of any closed meeting shall
  9  be off the record.  Subject to the provisions hereof and s.
10  119.07(2)(a), the court reporter's notes of any closed meeting
11  shall be retained by the corporation association for a minimum
12  of 5 years. A copy of the transcript, less any exempt matters,
13  of any closed meeting wherein claims are discussed shall
14  become public as to individual claims after settlement of the
15  claim.
16         (o)  In enacting the provisions of this act, the
17  Legislature recognizes that both the Florida Windstorm
18  Underwriting Association and the Residential Property and
19  Casualty Joint Underwriting Association have entered into
20  financing arrangements that obligate each entity to service
21  its debts and maintain the capacity to repay funds secured
22  under these financing arrangements. It is the intent of the
23  Legislature that nothing herein be construed to compromise,
24  diminish, or interfere with the rights of creditors under such
25  financing arrangements. It is further the intent of the
26  Legislature to preserve the obligations of the Florida
27  Windstorm Underwriting Association and Residential Property
28  and Casualty Joint Underwriting Association with regard to
29  outstanding financing arrangements, with such obligations
30  passing entirely and unchanged to the corporation. So long as
31  any bonds, notes, indebtedness, or other financing obligations
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  1  of the Florida Windstorm Underwriting Association or the
  2  Residential Property and Casualty Joint Underwriting
  3  Association are outstanding, under the terms of the financing
  4  documents pertaining to them, the governing board of the
  5  corporation shall have and shall exercise the authority to
  6  levy, charge, collect, and receive all premiums, assessments,
  7  surcharges, charges, revenues and receipts that such
  8  associations had authority to levy, charge, collect, or
  9  receive under the provisions of subsection (2) and subsection
10  (6), respectively, as they existed on January 1, 2001, to the
11  extent necessary to provide moneys, together with other
12  available moneys of the corporation without exercise of the
13  authority provided by this paragraph, in at least the amounts,
14  and by the times, as would be provided under those former
15  provisions of subsection (2) or subsection (6), respectively,
16  so that the value, amount, and collectability of any assets,
17  revenues, or revenue source pledged or committed to, or any
18  lien thereon securing such outstanding bonds, notes,
19  indebtedness, or other financing obligations will not be
20  diminished, impaired, or adversely affected by the amendments
21  made by this act and to permit compliance with all provisions
22  of financing documents pertaining to such bonds, notes,
23  indebtedness, or other financing obligations, or the security
24  or credit enhancement for them, and any reference in this
25  subsection to bonds, notes, indebtedness, financing
26  obligations, or similar obligations, of the corporation shall
27  include like instruments or contracts of the Florida Windstorm
28  Underwriting Association and the Residential Property and
29  Casualty Joint Underwriting Association to the extent not
30  inconsistent with the provisions of the financing documents
31  pertaining to them.
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  1         Section 2.  This act shall take effect July 1, 2001.
  2
  3            *****************************************
  4                          SENATE SUMMARY
  5    Renames the Residential Property and Casualty Joint
      Underwriting Association as the Citizens Property
  6    Insurance Corporation to provide residential and
      commercial property insurance through a public benefits
  7    corporation. Requires insurers selling property insurance
      in this state to participate in the corporation. Provides
  8    a plan of operation and a board of governors. Divides the
      revenues, assets, liabilities, losses, and expenses of
  9    the corporation into three accounts and provides for
      emergency assessments for policyholders of participating
10    insurers. Provides that the corporation need not obtain a
      certificate of authority from the Department of Insurance
11    or be a member of the Florida Insurance Guaranty
      Association. Requires the corporation to pay assessments
12    pledged to secure bonds to pay covered claims arising
      from insurer insolvencies caused by hurricane losses.
13    Provides for the transfer of policies, assets, and
      liabilities of the association and the Florida Windstorm
14    Underwriting Association to the corporation. (See bill
      for details.)
15
16
17
18
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31
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