Senate Bill sb2038c2

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    Florida Senate - 2004                    CS for CS for SB 2038

    By the Committees on Commerce, Economic Opportunities, and
    Consumer Services; Banking and Insurance; and Senator Fasano




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  1                      A bill to be entitled

  2         An act relating to insurance; amending s.

  3         20.121, F.S.; requiring the Division of

  4         Consumer Services of the Department of

  5         Financial Services to designate an employee as

  6         primary contact for consumers on issues

  7         involving sinkholes; amending s. 501.137, F.S.;

  8         requiring an insurer to reinstate, under

  9         certain circumstances, an insurance policy that

10         is cancelled due to failure of the lender to

11         pay a premium for which sufficient escrow funds

12         are on deposit; requiring that the lender

13         reimburse the property owner for any penalties

14         or fees paid for purposes of reinstating the

15         policy; requiring the lender to pay the

16         increased cost of insurance premiums for a

17         specified period of time under certain

18         conditions; amending s. 624.4622, F.S.;

19         providing that a local government

20         self-insurance fund comply with specified

21         provisions relating to financial statements;

22         amending s. 624.610, F.S.; revising the

23         requirements of a trust fund for a single

24         assuming insurer; amending s. 625.081, F.S.;

25         providing an exception for credit disability

26         insurance from a health insurance active life

27         reserve requirement; amending s. 625.121, F.S.;

28         providing for valuation of life insurance

29         policies; amending s. 626.321, F.S.; limiting

30         the types of business that may be transacted by

31         personal lines agents; creating s. 626.9743,

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 1         F.S., relating to claim settlement practices

 2         for motor vehicle insurance; prescribing

 3         standards to be followed by insurers; creating

 4         s. 626.9744, F.S., relating to claim settlement

 5         practices for homeowners' insurance;

 6         prescribing standards to be followed by

 7         insurers; amending s. 627.0629, F.S.; exempting

 8         industrial fire insurance policies from certain

 9         requirements for rate filings; amending s.

10         627.311, F.S.; allowing the automobile

11         insurance joint underwriting plan to require

12         additional proof from insureds regarding

13         cancellation of coverage; allowing additional

14         time for the investigation of claims against

15         the plan; providing for expiration of the

16         provision; amending s. 627.4091, F.S.;

17         providing additional disclosure requirements

18         with respect to a refusal to insure; amending

19         s. 627.4133, F.S.; requiring property insurers

20         to reinstate a canceled policy as required by

21         s. 501.137, F.S.; restricting the use of

22         certain claims as a cause for cancellation or

23         nonrenewal; amending s. 627.476, F.S.;

24         authorizing the use of certain mortality tables

25         for purposes of the Standard Nonforfeiture Law

26         for Life Insurance; creating s. 627.7077, F.S.;

27         providing for a feasibility study for a

28         proposed Florida Sinkhole Insurance Facility;

29         amending s. 627.838, F.S.; deleting a filing

30         fee; amending s. 627.848, F.S.; specifying

31         provisions for cancellation of insurance

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 1         contracts; amending s. 627.849, F.S., to

 2         conform to the elimination of a filing fee;

 3         providing for a study and report by the Florida

 4         State University College of Business on

 5         personal lines property and casualty insurance;

 6         repealing s. 625.131, F.S., relating to credit

 7         life and disability policies; providing for

 8         construction of the act; providing effective

 9         dates.

10  

11  Be It Enacted by the Legislature of the State of Florida:

12  

13         Section 1.  Paragraph (h) of subsection (2) of section

14  20.121, Florida Statutes, is amended to read:

15         20.121  Department of Financial Services.--There is

16  created a Department of Financial Services.

17         (2)  DIVISIONS.--The Department of Financial Services

18  shall consist of the following divisions:

19         (h)  The Division of Consumer Services, which shall

20  include a Bureau of Funeral and Cemetery Services.

21         1.  The Division of Consumer Services shall perform the

22  following functions concerning products or services regulated

23  by the Department of Financial Services or by either office of

24  the Financial Services Commission:

25         a.  Receive inquiries and complaints from consumers.;

26         b.  Prepare and disseminate such information as the

27  department deems appropriate to inform or assist consumers.;

28         c.  Provide direct assistance and advocacy for

29  consumers who request such assistance or advocacy.;

30         d.  With respect to apparent or potential violations of

31  law or applicable rules by a person or entity licensed by the

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 1  department or by either office of the commission, report such

 2  apparent or potential violation to the appropriate division of

 3  the department or office of the commission, which may take

 4  such further action as it deems appropriate.

 5         e.  Designate an employee of the division as primary

 6  contact for consumers on issues relating to sinkholes.

 7         2.  Any person licensed or issued a certificate of

 8  authority by the department or by the Office of Insurance

 9  Regulation shall respond, in writing, to the Division of

10  Consumer Services within 20 days after receipt of a written

11  request for information from the division concerning a

12  consumer complaint. The response must address the issues and

13  allegations raised in this complaint. The division may, in its

14  discretion, impose an administrative penalty for failure to

15  comply with this subparagraph in an amount up to $2,500 per

16  violation upon any entity licensed by the department or the

17  Office of Insurance Regulation and $250 for the first

18  violation, $500 for the second violation and up to $1,000 per

19  violation thereafter upon any individual licensed by the

20  department or the Office of Insurance Regulation.

21         3.  The department may adopt rules to implement the

22  provisions of this paragraph.

23         4.  The powers, duties, and responsibilities expressed

24  or granted in this paragraph shall not limit the powers,

25  duties, and responsibilities of the Department of Financial

26  Services, the Financial Services Commission, the Office of

27  Insurance Regulation, or the Office of Financial Regulation

28  set forth elsewhere in the Florida Statutes.

29         Section 2.  Section 501.137, Florida Statutes, is

30  amended to read:

31  

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 1         501.137  Mortgage lenders; tax and insurance payments

 2  from escrow accounts; duties.--

 3         (1)  Every lender of money, whether a natural person or

 4  an artificial entity, whose loans are secured by a mortgage on

 5  real estate located within the state and who receives funds

 6  incidental thereto or in connection therewith for the payment

 7  of property taxes or hazard insurance premiums when the such

 8  funds are held in escrow by or on behalf of the lender, shall

 9  promptly pay the such taxes or insurance premiums when the

10  such taxes or premiums become due and adequate escrow funds

11  are deposited, so that the maximum tax discount available may

12  be obtained with regard to the taxable property and so that

13  insurance coverage on the property does not lapse.

14         (2)  If an escrow account for the such taxes or

15  insurance premiums is deficient, the lender shall notify the

16  property owner within 15 days after the lender receives the

17  notification of taxes due from the county tax collector or

18  receives the notification from the insurer that a premium is

19  due.

20         (3)(a)  If the lender, as a result of neglect, fails to

21  pay any tax or insurance premium when the tax or premium is

22  due and there are sufficient escrow funds on deposit to pay

23  the tax or premium, and if the property owner suffers a loss

24  as a result of this such failure, then the lender is will be

25  liable for the such loss; except, however, that with respect

26  to any loss which would otherwise have been insured, the

27  extent of the such liability shall not exceed the coverage

28  limits of any insurance policy which has lapsed.

29         (b)  If the lender violates paragraph (a) and the

30  premium payment is not more than 90 days overdue, the insurer

31  shall reinstate the insurance policy, retroactive to the date

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 1  of cancellation, and the lender shall reimburse the property

 2  owner for any penalty or fees imposed by the insurer and paid

 3  by the property owner for purposes of reinstating the policy.

 4         (c)  If the lender violates paragraph (a) and the

 5  premium payment is more than 90 days overdue or if the insurer

 6  refuses to reinstate the insurance policy, the lender shall

 7  pay the difference between the cost of the previous insurance

 8  policy and a new, comparable insurance policy for a period of

 9  2 years.

10         (4)  At the expiration of the annual accounting period,

11  the lender shall issue to the property owner an annual

12  statement of the escrow account.

13         Section 3.  Subsection (3) is added to section

14  624.4622, Florida Statutes, to read:

15         624.4622  Local government self-insurance funds.--

16         (3)(a)  A local government self-insurance fund formed

17  after January 1, 2005, shall, for its first 5 fiscal years,

18  file with the office full and true statements of its financial

19  condition, transactions, and affairs. An annual statement

20  covering the preceding fiscal year shall be filed within 60

21  days after the end of the fund's fiscal year and quarterly

22  statements shall be filed within 45 days after each such date.

23  The office may, for good cause, grant an extension of time for

24  filing an annual or quarterly statement. The statements shall

25  contain information generally included in insurers' financial

26  statements prepared in accordance with generally accepted

27  insurance accounting principles and practices and in a form

28  generally used by insurers for financial statements, sworn to

29  by at least two executive officers of the self-insurance fund.

30  The form for financial statements shall be the form currently

31  

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 1  approved by the National Association of Insurance

 2  Commissioners for use by property and casualty insurers.

 3         (b)  Each annual statement shall contain a statement of

 4  opinion on loss and loss adjustment expense reserves made by a

 5  member of the American Academy of Actuaries. Workpapers in

 6  support of the statement of opinion must be provided to the

 7  office upon request.

 8         Section 4.  Paragraph (c) of subsection (3) of section

 9  624.610, Florida Statutes, is amended to read:

10         624.610  Reinsurance.--

11         (3)

12         (c)1.  Credit must be allowed when the reinsurance is

13  ceded to an assuming insurer that maintains a trust fund in a

14  qualified United States financial institution, as defined in

15  paragraph (5)(b), for the payment of the valid claims of its

16  United States ceding insurers and their assigns and successors

17  in interest. To enable the office to determine the sufficiency

18  of the trust fund, the assuming insurer shall report annually

19  to the office information substantially the same as that

20  required to be reported on the NAIC Annual Statement form by

21  authorized insurers. The assuming insurer shall submit to

22  examination of its books and records by the office and bear

23  the expense of examination.

24         2.a.  Credit for reinsurance must not be granted under

25  this subsection unless the form of the trust and any

26  amendments to the trust have been approved by:

27         (I)  The insurance regulator of the state in which the

28  trust is domiciled; or

29         (II)  The insurance regulator of another state who,

30  pursuant to the terms of the trust instrument, has accepted

31  principal regulatory oversight of the trust.

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 1         b.  The form of the trust and any trust amendments must

 2  be filed with the insurance regulator of every state in which

 3  the ceding insurer beneficiaries of the trust are domiciled.

 4  The trust instrument must provide that contested claims are

 5  valid and enforceable upon the final order of any court of

 6  competent jurisdiction in the United States. The trust must

 7  vest legal title to its assets in its trustees for the benefit

 8  of the assuming insurer's United States ceding insurers and

 9  their assigns and successors in interest. The trust and the

10  assuming insurer are subject to examination as determined by

11  the insurance regulator.

12         c.  The trust remains in effect for as long as the

13  assuming insurer has outstanding obligations due under the

14  reinsurance agreements subject to the trust. No later than

15  February 28 of each year, the trustee of the trust shall

16  report to the insurance regulator in writing the balance of

17  the trust and list the trust's investments at the preceding

18  year end, and shall certify that the trust will not expire

19  prior to the following December 31.

20         3.  The following requirements apply to the following

21  categories of assuming insurer:

22         a.  The trust fund for a single assuming insurer

23  consists of funds in trust in an amount not less than the

24  assuming insurer's liabilities attributable to reinsurance

25  ceded by United States ceding insurers, and, in addition, the

26  assuming insurer shall maintain a trusteed surplus of not less

27  than $20 million. Not less than 50 percent of the funds in the

28  trust covering the assuming insurer's liabilities attributable

29  to reinsurance ceded by United States ceding insurers and

30  trusteed surplus shall consist of assets of a quality

31  substantially similar to that required in part II of chapter

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 1  625. Clean, irrevocable, unconditional, and evergreen letters

 2  of credit, issued or confirmed by a qualified United States

 3  financial institution, as defined in paragraph (5)(a),

 4  effective no later than December 31 of the year for which the

 5  filing is made and in the possession of the trust on or before

 6  the filing date of its annual statement, may be used to fund

 7  the remainder of the trust and trusted surplus.

 8         b.(I)  In the case of a group including incorporated

 9  and individual unincorporated underwriters:

10         (A)  For reinsurance ceded under reinsurance agreements

11  with an inception, amendment, or renewal date on or after

12  August 1, 1995, the trust consists of a trusteed account in an

13  amount not less than the group's several liabilities

14  attributable to business ceded by United States domiciled

15  ceding insurers to any member of the group;

16         (B)  For reinsurance ceded under reinsurance agreements

17  with an inception date on or before July 31, 1995, and not

18  amended or renewed after that date, notwithstanding the other

19  provisions of this section, the trust consists of a trusteed

20  account in an amount not less than the group's several

21  insurance and reinsurance liabilities attributable to business

22  written in the United States; and

23         (C)  In addition to these trusts, the group shall

24  maintain in trust a trusteed surplus of which $100 million

25  must be held jointly for the benefit of the United States

26  domiciled ceding insurers of any member of the group for all

27  years of account.

28         (II)  The incorporated members of the group must not be

29  engaged in any business other than underwriting of a member of

30  the group, and are subject to the same level of regulation and

31  

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 1  solvency control by the group's domiciliary regulator as the

 2  unincorporated members.

 3         (III)  Within 90 days after its financial statements

 4  are due to be filed with the group's domiciliary regulator,

 5  the group shall provide to the insurance regulator an annual

 6  certification by the group's domiciliary regulator of the

 7  solvency of each underwriter member or, if a certification is

 8  unavailable, financial statements, prepared by independent

 9  public accountants, of each underwriter member of the group.

10         Section 5.  Section 625.081, Florida Statutes, is

11  amended to read:

12         625.081  Reserve for health insurance.--For all health

13  insurance policies, the insurer shall maintain an active life

14  reserve which places a sound value on the insurer's

15  liabilities under such policies; is not less than the reserve

16  according to appropriate standards set forth in rules issued

17  by the commission; and, with the exception of credit

18  disability insurance, in no event, is less in the aggregate

19  than the pro rata gross unearned premiums for such policies.

20         Section 6.  Paragraphs (a), (e), and (f) of subsection

21  (5) and subsection (13) of section 625.121, Florida Statutes,

22  are amended, and paragraphs (k) and (l) are added to

23  subsection (5) of that section, to read:

24         625.121  Standard Valuation Law; life insurance.--

25         (5)  MINIMUM STANDARD FOR VALUATION OF POLICIES AND

26  CONTRACTS ISSUED ON OR AFTER OPERATIVE DATE OF STANDARD

27  NONFORFEITURE LAW.--Except as otherwise provided in paragraph

28  (h) and subsections (6), (11), and (14), the minimum standard

29  for the valuation of all such policies and contracts issued on

30  or after the operative date of s. 627.476 (Standard

31  Nonforfeiture Law for Life Insurance) shall be the

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 1  commissioners' reserve valuation method defined in subsections

 2  (7), (11), and (14); 5 percent interest for group annuity and

 3  pure endowment contracts and 3.5 percent interest for all

 4  other such policies and contracts, or in the case of life

 5  insurance policies and contracts, other than annuity and pure

 6  endowment contracts, issued on or after July 1, 1973, 4

 7  percent interest for such policies issued prior to October 1,

 8  1979, and 4.5 percent interest for such policies issued on or

 9  after October 1, 1979; and the following tables:

10         (a)  For all ordinary policies of life insurance issued

11  on the standard basis, excluding any disability and accidental

12  death benefits in such policies:

13         1.  For policies issued prior to the operative date of

14  s. 627.476(9), the commissioners' 1958 Standard Ordinary

15  Mortality Table; except that, for any category of such

16  policies issued on female risks, modified net premiums and

17  present values, referred to in subsection (7), may be

18  calculated according to an age not more than 6 years younger

19  than the actual age of the insured.; and

20         2.  For policies issued on or after the operative date

21  of s. 627.476(9), the commissioners' 1980 Standard Ordinary

22  Mortality Table or, at the election of the insurer for any one

23  or more specified plans of life insurance, the commissioners'

24  1980 Standard Ordinary Mortality Table with Ten-Year Select

25  Mortality Factors.

26         3.  For policies issued on or after July 1, 2004,

27  ordinary mortality tables, adopted after 1980 by the National

28  Association of Insurance Commissioners, adopted by rule by the

29  commission for use in determining the minimum standard of

30  valuation for such policies.

31  

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 1         (e)  For total and permanent disability benefits in or

 2  supplementary to ordinary policies or contracts:

 3         1.  For policies or contracts issued on or after

 4  January 1, 1966, the tables of period 2 disablement rates and

 5  the 1930 to 1950 termination rates of the 1952 disability

 6  study of the Society of Actuaries, with due regard to the type

 7  of benefit;

 8         2.  For policies or contracts issued on or after

 9  January 1, 1961, and prior to January 1, 1966, either those

10  tables or, at the option of the insurer, the class three

11  disability table (1926); and

12         3.  For policies issued prior to January 1, 1961, the

13  class three disability table (1926); and.

14         4.  For policies or contracts issued on or after July

15  1, 2004, tables of disablement rates and termination rates

16  adopted after 1980 by the National Association of Insurance

17  Commissioners, adopted by rule by the commission for use in

18  determining the minimum standard of valuation for those

19  policies or contracts.

20  

21  Any such table for active lives shall be combined with a

22  mortality table permitted for calculating the reserves for

23  life insurance policies.

24         (f)  For accidental death benefits in or supplementary

25  to policies:

26         1.  For policies issued on or after January 1, 1966,

27  the 1959 Accidental Death Benefits Table;

28         2.  For policies issued on or after January 1, 1961,

29  and prior to January 1, 1966, either that table or, at the

30  option of the insurer, the Intercompany Double Indemnity

31  Mortality Table; and

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 1         3.  For policies issued prior to January 1, 1961, the

 2  Intercompany Double Indemnity Mortality Table; and.

 3         4.  For policies issued on or after July 1, 2004,

 4  tables of accidental death benefits adopted after 1980 by the

 5  National Association of Insurance Commissioners, adopted by

 6  rule by the commission for use in determining the minimum

 7  standard of valuation for those policies.

 8  

 9  Either table shall be combined with a mortality table

10  permitted for calculating the reserves for life insurance

11  policies.

12         (k)  For individual annuity and pure endowment

13  contracts issued on or after July 1, 2004, excluding any

14  disability and accidental death benefits purchased under those

15  contracts, individual annuity mortality tables adopted after

16  1980 by the National Association of Insurance Commissioners,

17  adopted by rule by the commission for use in determining the

18  minimum standard of valuation for those contracts.

19         (l)  For all annuities and pure endowments purchased on

20  or after July 1, 2004, under group annuity and pure endowment

21  contracts, excluding any disability and accidental death

22  benefits purchased under those contracts, group annuity

23  mortality tables adopted after 1980 by the National

24  Association of Insurance Commissioners, adopted by rule by the

25  commission for use in determining the minimum standard of

26  valuation for those contracts.

27         (13)  APPLICABILITY TO CREDIT LIFE AND DISABILITY

28  INSURANCE POLICIES.--

29         (a)  For policies issued prior to January 1, 2004:

30         1.  The minimum reserve for single-premium credit

31  disability insurance, monthly premium credit life insurance

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 1  and monthly premium credit disability insurance shall be the

 2  unearned gross premium.

 3         2.  As to single-premium credit life insurance

 4  policies, the insurer shall establish and maintain reserves

 5  that are not less than the value, at the valuation date, of

 6  the risk for the unexpired portion of the period for which the

 7  premium has been paid as computed on the basis of the

 8  commissioners' 1980 Standard Ordinary Mortality Table and 3.5

 9  percent interest. At the discretion of the office, the insurer

10  may make a reasonable assumption as to the ages at which net

11  premiums are to be determined. In lieu of the foregoing basis,

12  reserves based upon unearned gross premiums may be used at the

13  option of the insurer.

14         (b)  For policies issued on or after January 1, 2004:

15         1.  The minimum reserve for single-premium credit

16  disability insurance shall be either:

17         a.  The unearned gross premium, or

18         b.  Based upon a morbidity table that is adopted by the

19  National Association of Insurance Commissioners and is

20  specified in a rule the commission adopts pursuant to

21  subsection (14).

22         2.  The minimum reserve for monthly premium credit

23  disability insurance shall be the unearned gross premium.

24         3.  The minimum reserve for monthly premium credit life

25  insurance shall be the unearned gross premium.

26         4.  As to single-premium credit life insurance

27  policies, the insurer shall establish and maintain reserves

28  that are not less than the value, at the valuation date, of

29  the risk for the unexpired portion of the period for which the

30  premium has been paid as computed on the basis of the

31  commissioners' 1980 Standard Ordinary Mortality Table or any

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 1  ordinary mortality table, adopted after 1980 by the National

 2  Association of Insurance Commissioners, that is approved by

 3  rule adopted by the commission for use in determining the

 4  minimum standard of valuation for such policies; and an

 5  interest rate determined in accordance with subsection (6). At

 6  the discretion of the office, the insurer may make a

 7  reasonable assumption as to the ages at which net premiums are

 8  to be determined. In lieu of the foregoing basis, reserves

 9  based upon unearned gross premiums may be used at the option

10  of the insurer. This section does not apply as to those credit

11  life insurance policies for which reserves are computed and

12  maintained as required under s. 625.131.

13         Section 7.  Paragraph (d) of subsection (1) of section

14  626.321, Florida Statutes, is amended to read:

15         626.321  Limited licenses.--

16         (1)  The department shall issue to a qualified

17  individual, or a qualified individual or entity under

18  paragraphs (c), (d), (e), and (i), a license as agent

19  authorized to transact a limited class of business in any of

20  the following categories:

21         (d)  Baggage and motor vehicle excess liability

22  insurance.--

23         1.  License covering only insurance of personal effects

24  except as provided in subparagraph 2.  The license may be

25  issued only:

26         a.  To a full-time salaried employee of a common

27  carrier or a full-time salaried employee or owner of a

28  transportation ticket agency, which person is engaged in the

29  sale or handling of transportation of baggage and personal

30  effects of travelers, and may authorize the sale of such

31  insurance only in connection with such transportation; or

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 1         b.  To the full-time salaried employee of a licensed

 2  general lines agent, a full-time salaried employee of a

 3  business which offers motor vehicles for rent or lease, or to

 4  a business office of a business entity that which offers motor

 5  vehicles for rent or lease if insurance sales activities

 6  authorized by the license are in connection with and

 7  incidental to the rental of a motor vehicle limited to

 8  full-time salaried employees. An entity applying for a license

 9  under this sub-subparagraph:

10         (I)  Is required to submit only one application for a

11  license under s. 626.171. The requirements of s. 626.171(5)

12  shall apply only to the officers and directors of the entity

13  submitting the application.

14         (II)  Is required to obtain a license for each office,

15  branch office, or place of business making use of the entity's

16  business name by applying to the department for the license on

17  a simplified application form developed by rule of the

18  department for this purpose.

19         (III)  Is required to pay the applicable fees for a

20  license as prescribed in s. 624.501, be appointed under s.

21  626.112, and pay the prescribed appointment fee under s.

22  624.501. A licensed and appointed entity shall be directly

23  responsible and accountable for all acts of the licensee's

24  employees.

25  

26  The purchaser of baggage insurance shall be provided written

27  information disclosing that the insured's homeowner's policy

28  may provide coverage for loss of personal effects and that the

29  purchase of such insurance is not required in connection with

30  the purchase of tickets or in connection with the lease or

31  rental of a motor vehicle.

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 1         2.  A business entity that office licensed pursuant to

 2  subparagraph 1., or a person licensed pursuant to subparagraph

 3  1. who is a full-time salaried employee of a business which

 4  offers motor vehicles for rent or lease, may include lessees

 5  under a master contract providing coverage to the lessor or

 6  may transact excess motor vehicle liability insurance

 7  providing coverage in excess of the standard liability limits

 8  provided by the lessor in its lease to a person renting or

 9  leasing a motor vehicle from the licensee's employer for

10  liability arising in connection with the negligent operation

11  of the leased or rented motor vehicle, provided that the lease

12  or rental agreement is for not more than 30 days; that the

13  lessee is not provided coverage for more than 30 consecutive

14  days per lease period, and, if the lease is extended beyond 30

15  days, the coverage may be extended one time only for a period

16  not to exceed an additional 30 days; that the lessee is given

17  written notice that his or her personal insurance policy

18  providing coverage on an owned motor vehicle may provide

19  additional excess coverage; and that the purchase of the

20  insurance is not required in connection with the lease or

21  rental of a motor vehicle.  The excess liability insurance may

22  be provided to the lessee as an additional insured on a policy

23  issued to the licensee's employer.

24         3.  A business entity that office licensed pursuant to

25  subparagraph 1., or a person licensed pursuant to subparagraph

26  1. who is a full-time salaried employee of a business which

27  offers motor vehicles for rent or lease, may, as an agent of

28  an insurer, transact insurance that provides coverage for the

29  liability of the lessee to the lessor for damage to the leased

30  or rented motor vehicle if:

31  

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 1         a.  The lease or rental agreement is for not more than

 2  30 days; or the lessee is not provided coverage for more than

 3  30 consecutive days per lease period, but, if the lease is

 4  extended beyond 30 days, the coverage may be extended one time

 5  only for a period not to exceed an additional 30 days;

 6         b.  The lessee is given written notice that his or her

 7  personal insurance policy that provides coverage on an owned

 8  motor vehicle may provide such coverage with or without a

 9  deductible; and

10         c.  The purchase of the insurance is not required in

11  connection with the lease or rental of a motor vehicle.

12         Section 8.  Section 626.9743, Florida Statutes, is

13  created to read:

14         626.9743  Claim settlement practices relating to motor

15  vehicle insurance.--

16         (1)  This section shall apply to the adjustment and

17  settlement of personal and commercial motor vehicle insurance

18  claims.

19         (2)  An insurer may not, when liability and damages

20  owed under the policy are reasonably clear, recommend that a

21  third-party claimant make a claim under his or her own policy

22  solely to avoid paying the claim under the policy issued by

23  that insurer. However, the insurer may identify options to a

24  third-party claimant relative to the repair of his or her

25  vehicle.

26         (3)  An insurer that elects to repair a motor vehicle

27  and specifically requires a particular repair shop for vehicle

28  repairs shall cause the damaged vehicle to be restored to its

29  physical condition as to performance and appearance

30  immediately prior to the loss at no additional cost to the

31  

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 1  insured or third-party claimant other than as stated in the

 2  policy.

 3         (4)  An insurer may not require the use of replacement

 4  parts in the repair of a motor vehicle which are not at least

 5  equivalent in kind and quality to the damaged parts prior to

 6  the loss in terms of fit, appearance, and performance.

 7         (5)  When the insurance policy provides for the

 8  adjustment and settlement of first-party motor vehicle total

 9  losses on the basis of actual cash value or replacement with

10  another of like kind and quality, the insurer shall use one of

11  the following methods:

12         (a)  The insurer may elect a cash settlement based upon

13  the actual cost to purchase a comparable motor vehicle,

14  including sales tax, if applicable pursuant to subsection (9).

15  Such cost may be derived from:

16         1.  When comparable motor vehicles are available in the

17  local market area, the cost of two or more such comparable

18  motor vehicles available within the preceding 90 days;

19         2.  The retail cost as determined from a generally

20  recognized used motor vehicle industry source such as:

21         a.  An electronic database if the pertinent portions of

22  the valuation documents generated by the database are provided

23  by the insurer to the first-party insured upon request; or

24         b.  A guidebook that is generally available to the

25  general public if the insurer identifies the guidebook used as

26  the basis for the retail cost to the first-party insured upon

27  request; or

28         3.  The retail cost using two or more quotations

29  obtained by the insurer from two or more licensed dealers in

30  the local market area.

31  

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 1         (b)  The insurer may elect to offer a replacement motor

 2  vehicle that is a specified comparable motor vehicle available

 3  to the insured, including sales tax if applicable pursuant to

 4  subsection (9), paid for by the insurer at no cost other than

 5  any deductible provided in the policy and betterment as

 6  provided in subsection (6). The offer must be documented in

 7  the insurer's claim file. For purposes of this subsection, a

 8  comparable motor vehicle is one that is made by the same

 9  manufacturer, of the same or newer model year, and of similar

10  body type and that has similar options and mileage as the

11  insured vehicle. Additionally, a comparable motor vehicle must

12  be in as good or better overall condition than the insured

13  vehicle and available for inspection within a reasonable

14  distance of the insured's residence.

15         (c)  When a motor vehicle total loss is adjusted or

16  settled on a basis that varies from the methods described in

17  paragraph (a) or paragraph (b), the determination of value

18  must be supported by documentation, and any deductions from

19  value must be itemized and specified in appropriate dollar

20  amounts. The basis for such settlement shall be explained to

21  the claimant in writing, if requested, and a copy of the

22  explanation shall be retained in the insurer's claim file.

23         (d)  Any other method agreed to by the claimant.

24         (6)  When the amount offered in settlement reflects a

25  reduction by the insurer because of betterment or

26  depreciation, information pertaining to the reduction shall be

27  maintained with the insurer's claim file. Deductions shall be

28  itemized and specific as to dollar amount and shall accurately

29  reflect the value assigned to the betterment or depreciation.

30  The basis for any deduction shall be explained to the claimant

31  

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 1  in writing, if requested, and a copy of the explanation shall

 2  be maintained with the insurer's claim file.

 3         (7)  Every insurer shall, if partial losses are settled

 4  on the basis of a written estimate prepared by or for the

 5  insurer, supply the insured a copy of the estimate upon which

 6  the settlement is based.

 7         (8)  Every insurer shall provide notice to an insured

 8  before termination of payment for previously authorized

 9  storage charges, and the notice shall provide 72 hours for the

10  insured to remove the vehicle from storage before terminating

11  payment of the storage charges.

12         (9)  If sales tax will necessarily be incurred by a

13  claimant upon replacement of a total loss or upon repair of a

14  partial loss, the insurer may defer payment of the sales tax

15  unless and until the obligation has actually been incurred.

16         (10)  Nothing in this section shall be construed to

17  authorize or preclude enforcement of policy provisions

18  relating to settlement disputes.

19         Section 9.  Section 626.9744, Florida Statutes, is

20  created to read:

21         626.9744  Claim settlement practices relating to

22  property insurance.--Unless otherwise provided by the policy,

23  when a homeowner's insurance policy provides for the

24  adjustment and settlement of first-party losses based on

25  repair or replacement cost, the following requirements apply:

26         (1)  When a loss requires repair or replacement of an

27  item or part, any physical damage incurred in making such

28  repair or replacement which is covered and not otherwise

29  excluded by the policy shall be included in the loss to the

30  extent of any applicable limits. The insured may not be

31  required to pay for betterment required by ordinance or code

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 1  except for the applicable deductible, unless specifically

 2  excluded or limited by the policy.

 3         (2)  When a loss requires replacement of items and the

 4  replaced items do not match in quality, color, or size, the

 5  insurer shall make reasonable repairs or replacement of items

 6  in adjoining areas. In determining the extent of the repairs

 7  or replacement of items in adjoining areas, the insurer may

 8  consider the cost of repairing or replacing the undamaged

 9  portions of the property, the degree of uniformity that can be

10  achieved without such cost, the remaining useful life of the

11  undamaged portion, and other relevant factors.

12         (3)  This section shall not be construed to make the

13  insurer a warrantor of the repairs made pursuant to this

14  section.

15         (4)  Nothing in this section shall be construed to

16  authorize or preclude enforcement of policy provisions

17  relating to settlement disputes.

18         Section 10.  Subsections (1) and (2) of section

19  627.0629, Florida Statutes, are amended to read:

20         627.0629  Residential property insurance; rate

21  filings.--

22         (1)  Effective June 1, 2002, a rate filing for

23  residential property insurance must include actuarially

24  reasonable discounts, credits, or other rate differentials, or

25  appropriate reductions in deductibles, for properties on which

26  fixtures or construction techniques demonstrated to reduce the

27  amount of loss in a windstorm have been installed or

28  implemented. The fixtures or construction techniques shall

29  include, but not be limited to, fixtures or construction

30  techniques which enhance roof strength, roof covering

31  performance, roof-to-wall strength,

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 1  wall-to-floor-to-foundation strength, opening protection, and

 2  window, door, and skylight strength. Credits, discounts, or

 3  other rate differentials for fixtures and construction

 4  techniques which meet the minimum requirements of the Florida

 5  Building Code must be included in the rate filing. All

 6  insurance companies must make a rate filing which includes the

 7  credits, discounts, or other rate differentials by February

 8  28, 2003. This subsection does not apply to industrial fire

 9  insurance policies as defined in s. 626.729.

10         (2)(a)  A rate filing for residential property

11  insurance made on or before the implementation of paragraph

12  (b) may include rate factors that reflect the manner in which

13  building code enforcement in a particular jurisdiction

14  addresses the risk of wind damage; however, such a rate filing

15  must also provide for variations from such rate factors on an

16  individual basis based on an inspection of a particular

17  structure by a licensed home inspector, which inspection may

18  be at the cost of the insured.

19         (b)  A rate filing for residential property insurance

20  made more than 150 days after approval by the office of a

21  building code rating factor plan submitted by a statewide

22  rating organization shall include positive and negative rate

23  factors that reflect the manner in which building code

24  enforcement in a particular jurisdiction addresses risk of

25  wind damage. The rate filing shall include variations from

26  standard rate factors on an individual basis based on

27  inspection of a particular structure by a licensed home

28  inspector.  If an inspection is requested by the insured, the

29  insurer may require the insured to pay the reasonable cost of

30  the inspection.  This paragraph applies to structures

31  

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 1  constructed or renovated after the implementation of this

 2  paragraph.

 3         (c)  The premium notice shall specify the amount by

 4  which the rate has been adjusted as a result of this

 5  subsection and shall also specify the maximum possible

 6  positive and negative adjustments that are approved for use by

 7  the insurer under this subsection.

 8         (d)  This subsection does not apply to industrial fire

 9  insurance policies as defined in s. 626.729.

10         Section 11.  Effective July 1, 2004, and applicable to

11  cancellation requests and notices received on or after that

12  date, subsection (3) of section 627.311, Florida Statutes, is

13  amended to read:

14         627.311  Joint underwriters and joint reinsurers;

15  public records and public meetings exemptions.--

16         (3)  The office may, after consultation with insurers

17  licensed to write automobile insurance in this state, approve

18  a joint underwriting plan for purposes of equitable

19  apportionment or sharing among insurers of automobile

20  liability insurance and other motor vehicle insurance, as an

21  alternate to the plan required in s. 627.351(1). All insurers

22  authorized to write automobile insurance in this state shall

23  subscribe to the plan and participate therein. The plan shall

24  be subject to continuous review by the office which may at any

25  time disapprove the entire plan or any part thereof if it

26  determines that conditions have changed since prior approval

27  and that in view of the purposes of the plan changes are

28  warranted. Any disapproval by the office shall be subject to

29  the provisions of chapter 120. The Florida Automobile Joint

30  Underwriting Association is created under the plan. The plan

31  and the association:

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 1         (a)  Must be subject to all provisions of s.

 2  627.351(1), except apportionment of applicants.

 3         (b)  May provide for one or more designated insurers,

 4  able and willing to provide policy and claims service, to act

 5  on behalf of all other insurers to provide insurance for

 6  applicants who are in good faith entitled to, but unable to,

 7  procure insurance through the voluntary insurance market at

 8  standard rates.

 9         (c)  Must provide that designated insurers will issue

10  policies of insurance and provide policyholder and claims

11  service on behalf of all insurers for the joint underwriting

12  association.

13         (d)  Must provide for the equitable apportionment among

14  insurers of losses and expenses incurred.

15         (e)  Must provide that the joint underwriting

16  association will operate subject to the supervision and

17  approval of a board of governors consisting of 11 individuals,

18  including 1 who will be elected as chair. Five members of the

19  board must be appointed by the Chief Financial Officer. Two of

20  the Chief Financial Officer's appointees must be chosen from

21  the insurance industry. Any board member appointed by the

22  Chief Financial Officer may be removed and replaced by her or

23  him at any time without cause. Six members of the board must

24  be appointed by the participating insurers, two of whom must

25  be from the insurance agents' associations. All board members,

26  including the chair, must be appointed to serve for 2-year

27  terms beginning annually on a date designated by the plan.

28         (f)  Must provide that an agent appointed to a

29  servicing carrier must be a licensed general lines agent of an

30  insurer which is authorized to write automobile liability and

31  physical damage insurance in the state and which is actively

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 1  writing such coverage in the county in which the agent is

 2  located, or the immediately adjoining counties, or an agent

 3  who places a volume of other property and casualty insurance

 4  in an amount equal to the premium volume placed with the

 5  Florida Joint Underwriting Association. The office may,

 6  however, determine that an agent may be appointed to a

 7  servicing carrier if, after public hearing, the office finds

 8  that consumers in the agent's operating area would not have

 9  adequate and reasonable access to the purchase of automobile

10  insurance if the agent were not appointed to a servicing

11  carrier.

12         (g)  Must make available noncancelable coverage as

13  provided in s. 627.7275(2).

14         (h)  Must provide for the furnishing of a list of

15  insureds and their mailing addresses upon the request of a

16  member of the association or an insurance agent licensed to

17  place business with an association member. The list must

18  indicate whether the insured is currently receiving a good

19  driver discount from the association. The plan may charge a

20  reasonable fee to cover the cost incurred in providing the

21  list.

22         (i)  Must not provide a renewal credit or discount or

23  any other inducement designed to retain a risk.

24         (j)  Must not provide any other good driver credit or

25  discount that is not actuarially sound. In addition to other

26  criteria that the plan may specify, to be eligible for a good

27  driver credit, an insured must not have any criminal traffic

28  violations within the most recent 36-month period preceding

29  the date the discount is received.

30         (k)1.  Shall have no liability, and no cause of action

31  of any nature shall arise against any member insurer or its

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 1  agents or employees, agents or employees of the association,

 2  members of the board of governors of the association, the

 3  Chief Financial Officer, or the office or its representatives

 4  for any action taken by them in the performance of their

 5  duties or responsibilities under this subsection. Such

 6  immunity does not apply to actions for or arising out of

 7  breach of any contract or agreement pertaining to insurance,

 8  or any willful tort.

 9         2.  Notwithstanding the requirements of s.

10  624.155(3)(a), as a condition precedent to bringing an action

11  against the plan under s. 624.155, the department and the plan

12  must have been given 90 days' written notice of the violation.

13  If the department returns a notice for lack of specificity,

14  the 90-day time period shall not begin until a proper notice

15  is filed. This notice must comply with the information

16  requirements of s. 624.155(3)(b). Effective October 1, 2007,

17  this subparagraph shall expire unless reenacted by the

18  Legislature prior to that date.

19         (l)  May require from the insured proof that he or she

20  has obtained the mandatory types and amounts of insurance from

21  another admitted carrier prior to the cancellation of a policy

22  the insured obtained from the plan and prior to the return of

23  any unearned premium the insured paid for such coverage from

24  the plan. This paragraph does not apply to any person who

25  provides proof of sale or inoperability of the vehicle covered

26  under the policy purchased from the plan or relocation outside

27  the state.

28         Section 12.  Subsection (5) is added to section

29  627.4091, Florida Statutes, to read:

30         627.4091  Specific reasons for denial, cancellation, or

31  nonrenewal.--

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 1         (5)  When an insurer refuses to provide coverage to an

 2  applicant due to adverse underwriting information, the insurer

 3  shall:

 4         (a)  Provide to the applicant specific information

 5  regarding the reasons for the refusal to insure.

 6         (b)  If the reason for the refusal to insure is based

 7  on a loss underwriting history or report from a consumer

 8  reporting agency, to the extent applicable identify the loss

 9  underwriting history and notify the applicant of his or her

10  right under the federal Fair and Accurate Credit Transactions

11  Act to obtain a copy of the report from the consumer reporting

12  agency.

13         Section 13.  Effective upon this act becoming a law,

14  subsections (4) and (5) are added to section 627.4133, Florida

15  Statutes, to read:

16         627.4133  Notice of cancellation, nonrenewal, or

17  renewal premium.--

18         (4)  An insurer that cancels a property insurance

19  policy on property secured by a mortgage due to the failure of

20  the lender to timely pay the premium when due shall reinstate

21  the policy as required by s. 501.137.

22         (5)  A single claim on a property insurance policy

23  which is the result of water damage may not be used as the

24  sole cause for cancellation or nonrenewal unless the insurer

25  can demonstrate that the insured has failed to take action

26  reasonably requested by the insurer to prevent a future

27  similar occurrence of damage to the insured property.

28         Section 14.  Paragraph (h) of subsection (9) of section

29  627.476, Florida Statutes, is amended to read:

30         627.476  Standard Nonforfeiture Law for Life

31  Insurance.--

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 1         (9)  CALCULATION OF ADJUSTED PREMIUMS AND PRESENT

 2  VALUES FOR POLICIES ISSUED AFTER OPERATIVE DATE OF THIS

 3  SUBSECTION.--

 4         (h)  All adjusted premiums and present values referred

 5  to in this section shall for all policies of ordinary

 6  insurance be calculated on the basis of the Commissioners'

 7  1980 Standard Ordinary Mortality Table or, at the election of

 8  the insurer for any one or more specified plans of life

 9  insurance, the Commissioners' 1980 Standard Ordinary Mortality

10  Table with Ten-Year Select Mortality Factors; shall for all

11  policies of industrial insurance be calculated on the basis of

12  the Commissioners' 1961 Standard Industrial Mortality Table;

13  and shall for all policies issued in a particular calendar

14  year be calculated on the basis of a rate of interest not

15  exceeding the nonforfeiture interest rate as defined in this

16  subsection for policies issued in that calendar year. However:

17         1.  At the option of the insurer, calculations for all

18  policies issued in a particular calendar year may be made on

19  the basis of a rate of interest not exceeding the

20  nonforfeiture interest rate, as defined in this subsection,

21  for policies issued in the immediately preceding calendar

22  year.

23         2.  Under any paid-up nonforfeiture benefit, including

24  any paid-up dividend additions, any cash surrender value

25  available, whether or not required by subsection (2), shall be

26  calculated on the basis of the mortality table and rate of

27  interest used in determining the amount of such paid-up

28  nonforfeiture benefit and paid-up dividend additions, if any.

29         3.  An insurer may calculate the amount of any

30  guaranteed paid-up nonforfeiture benefit, including any

31  paid-up additions under the policy, on the basis of an

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 1  interest rate no lower than that specified in the policy for

 2  calculating cash surrender values.

 3         4.  In calculating the present value of any paid-up

 4  term insurance with accompanying pure endowment, if any,

 5  offered as a nonforfeiture benefit, the rates of mortality

 6  assumed may be not more than those shown in the Commissioners'

 7  1980 Extended Term Insurance Table for policies of ordinary

 8  insurance and not more than the Commissioners' 1961 Industrial

 9  Extended Term Insurance Table for policies of industrial

10  insurance.

11         5.  In lieu of the mortality tables specified in this

12  section, at the option of the insurance company and subject to

13  rules adopted by the commission, the insurance company may

14  substitute:

15         a.  The 1958 CSO or CET Smoker and Nonsmoker Mortality

16  Tables, whichever is applicable, for policies issued on or

17  after the operative date of this subsection and before January

18  1, 1989;

19         b.  The 1980 CSO or CET Smoker and Nonsmoker Mortality

20  Tables, whichever is applicable, for policies issued on or

21  after the operative date of this subsection;

22         c.  A mortality table that is a blend of the

23  sex-distinct 1980 CSO or CET mortality table standard,

24  whichever is applicable, or a mortality table that is a blend

25  of the sex-distinct 1980 CSO or CET smoker and nonsmoker

26  mortality table standards, whichever is applicable, for

27  policies that are subject to the United States Supreme Court

28  decision in Arizona Governing Committee v. Norris to prevent

29  unfair discrimination in employment situations.

30         6.  Ordinary mortality tables, adopted after 1980 by

31  the National Association of Insurance Commissioners, adopted

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 1  by rule by the commission for use in determining the minimum

 2  nonforfeiture standard may be substituted for the

 3  Commissioners' 1980 Standard Ordinary Mortality Table with or

 4  without Ten-Year Select Mortality Factors or for the

 5  Commissioners' 1980 Extended Term Insurance Table.

 6         7.6.  For insurance issued on a substandard basis, the

 7  calculation of any such adjusted premiums and present values

 8  may be based on appropriate modifications of the

 9  aforementioned tables.

10         Section 15.  Section 627.7077, Florida Statutes, is

11  created to read:

12         627.7077  Florida Sinkhole Insurance Facility and other

13  matters related to affordability and availability of sinkhole

14  insurance; feasibility study.--

15         (1)  The Florida State University College of Business

16  Department of Risk Management and Insurance shall, under the

17  direction of the office, conduct a feasibility and

18  cost-benefit study of a potential Florida Sinkhole Insurance

19  Facility and of other matters related to affordability and

20  availability of sinkhole insurance. The study shall be

21  conducted in consultation with the State Board of

22  Administration and the Florida Geological Survey. The

23  university shall provide a preliminary report of its analysis,

24  findings, and recommendations to the Financial Services

25  Commission and the presiding officers of the Legislature no

26  later than February 1, 2005, and shall provide a final report

27  no later than April 1, 2005.

28         (2)  The potential functions of the facility to be

29  analyzed include:

30         (a)  Serving as the direct insurer or the reinsurer for

31  all or some sinkhole losses.

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 1         (b)  Providing training, communication, and other

 2  educational services to the public, engineers, the

 3  construction industry, insurance professionals, or others.

 4         (c)  Providing uniform standards for use by insurers in

 5  evaluating sinkhole loss claims.

 6         (d)  Providing consulting services for insurers.

 7         (e)  Maintaining a public database of all confirmed

 8  sinkholes and paid sinkhole loss claims, for use by consumers

 9  and by the insurance, building construction, banking, and real

10  estate industries.

11         (3)  The feasibility study shall, at a minimum, address

12  the following issues:

13         (a)  Where the facility should be housed, including,

14  but not limited to, the options of creating a separate

15  facility or using the Citizens Property Insurance Corporation

16  or the Florida Hurricane Catastrophe Fund.

17         (b)  Federal income taxation implications.

18         (c)  Funding options and costs associated with

19  operating the facility, including means of funding sinkhole

20  insurance through premiums that are adequate to fund covered

21  losses.

22         (d)  Applicability of the experience of similar

23  facilities of other states.

24         (e)  Other economic impact considerations pertinent to

25  a facility.

26         (f)  Alternative dispute resolution mechanisms.

27         (g)  The impact of all present requirements in the

28  Florida Insurance Code on affordability and availability of

29  sinkhole insurance and recommendations to address such

30  impacts.

31  

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 1         (4)  The study shall be funded from a budget of no more

 2  than $300,000, which will be funded by assessments on insurers

 3  issuing property insurance in this state. Such assessments

 4  shall be collected by the office and shall be prorated among

 5  such insurers according to a formula whereby each insurer

 6  shall pay a fraction of such budget, the numerator of which

 7  shall be such insurer's direct earned premiums for property

 8  insurance in this state and the denominator of which shall be

 9  the total direct earned premiums for property insurance in

10  this state for calendar year 2003.

11         Section 16.  Section 627.838, Florida Statutes, is

12  amended to read:

13         627.838  Filing and approval of forms; service

14  charges.--

15         (1)  No premium finance agreement form or related form

16  shall be used in this state by a premium finance company

17  unless it has been filed with and approved by the office.

18  Every filing shall be made within 30 days of issuance or use.

19         (2)  Each premium finance company shall file with the

20  office the service charge and interest rate plan, including

21  all modifications thereto, for informational purposes only.

22  Every filing shall be made within 30 days of its effective

23  date.

24         (3)  Each filing shall be accompanied by the filing fee

25  specified in s. 627.849.

26         Section 17.  Paragraph (e) of subsection (1) of section

27  627.848, Florida Statutes, is amended to read:

28         627.848  Cancellation of insurance contract upon

29  default.--

30         (1)  When a premium finance agreement contains a power

31  of attorney or other authority enabling the premium finance

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 1  company to cancel any insurance contract listed in the

 2  agreement, the insurance contract shall not be canceled unless

 3  cancellation is in accordance with the following provisions:

 4         (e)  Whenever a financed an insurance contract is

 5  canceled in accordance with this section, the insurer shall,

 6  within 30 days of the cancellation date, promptly return the

 7  unpaid balance due under the finance contract, up to the gross

 8  amount available upon the cancellation of the policy, to the

 9  premium finance company and any remaining unearned premium to

10  the agent or the insured, or both, for the benefit of the

11  insured or insureds. The insurer shall, within 30 days of the

12  cancellation date, notify the insured and the agent of the

13  amount of unearned premium returned to the premium finance

14  company and the amount of unearned commission held by the

15  agent. The premium finance company shall, within 15 days after

16  the account has been overpaid, either refund to the insured

17  for the insured's benefit any refund due on his or her account

18  or, if the refund is sent or credited to the agent, return or

19  credit to the agent the amount of the overpayment and notify

20  the insured of the refunded amount. The premium finance

21  company within 15 days shall notify the insured and the agent

22  of the amount of unearned premium. Within 15 days of receipt

23  of notification from the premium finance company, the agent

24  shall return such amount including any unearned commission to

25  the insured or with the written approval of the insured apply

26  such amount to the purchase of other insurance products

27  regulated by the office. The commission may adopt rules

28  necessary to implement the provisions of this subsection.

29         Section 18.  Subsection (1) of section 627.849, Florida

30  Statutes, is amended to read:

31         627.849  Fees.--

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 1         (1)  The office shall collect in advance, and the

 2  persons so served shall pay to it in advance, the following

 3  fees:

 4         (a)  Annual license fee............................$250

 5         (b)  Investigation fee..............................100

 6         (c)  Annual report filing fee........................25

 7         (d)  Form filing fee.................................10

 8         Section 19.  Analysis of factors affecting premium

 9  levels and availability of personal lines property and

10  casualty insurance to consumers in Florida.--

11         (1)  The Legislative Auditing Committee shall enter

12  into a contract with the Florida State University College of

13  Business Department of Risk Management and Insurance to

14  provide, no later than February 1, 2005, a detailed analysis

15  of factors affecting costs and potential assessments on

16  consumers, and availability, of personal lines property and

17  casualty insurance in Florida generally and in those areas in

18  which coverage is underwritten by the Citizens Property and

19  Casualty Insurance Company. The analysis shall include an

20  evaluation of such factors and recommendations appropriate to

21  moderate or enhance their impact on premiums potential

22  assessments and availability of such insurance. Such factors

23  shall include, but are not limited to:

24         (a)  The factors affecting the level of competition and

25  premium levels specifically, including the impact of rate

26  regulation and possible rating law reforms, and including

27  reforms that have succeeded or failed in other states.

28         (b)  The cost and benefits of required coverages and of

29  restrictions on optional coverages that could otherwise be

30  made available to consumers.

31  

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 1         (c)  Such other information as may be useful to the

 2  Legislature in determining how to increase availability and,

 3  over the short and long term, to moderate costs and potential

 4  consumer assessments.

 5         (2)  The study shall be funded from a budget of no more

 6  than $250,000, which shall be funded by assessments on

 7  insurers issuing personal lines property and casualty

 8  insurance in the state. Such assessments shall be collected by

 9  the Office of Insurance Regulation and shall be prorated among

10  such insurers according to a formula whereby each insurer

11  shall pay a fraction of such budget, the numerator of which

12  shall be such insurer's direct earned premiums for personal

13  lines property and casualty insurance in the state and the

14  denominator of which shall be the total direct earned premiums

15  for personal lines property and casualty insurance in the

16  state for calendar year 2003.

17         (3)  The Department of Financial Services, the Office

18  of Insurance Regulation, and insurers shall cooperate with the

19  Florida State University College of Business Department of

20  Risk Management and Insurance conducting the analysis and

21  shall provide such information as the Florida State University

22  College of Business Department of Risk Management and

23  Insurance may request in the format requested by the

24  university.

25         Section 20.  Section 625.131, Florida Statutes, is

26  repealed.

27         Section 21.  Nothing in this act shall be construed to

28  create or be the basis of a civil action. Nothing in this act

29  shall be construed as limiting settlement or adjustment of

30  claims by methods that are otherwise permissible under Florida

31  law.

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 1         Section 22.  Except as otherwise expressly provided in

 2  this act and except for this section, which shall take effect

 3  upon becoming a law, this act shall take effect July 1, 2004.

 4  

 5          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 6                            CS/SB 2038

 7                                 

 8  The committee substitute:

 9  --   Removes a provision which specified that an arbitration
         clause in an insurance policy cannot preclude the insured
10       from using certain mediation provisions in law.

11  --   Removes a provision which specified that a local
         government self-insurance fund created for the purpose of
12       providing workers' compensation benefits initially has to
         be organized as a commercial self-insurance fund or a
13       group self-insurance fund.

14  --   Provides that industrial fire insurance policies are
         exempt from the requirement that a residential property
15       insurance rate filing must include actuarially reasonable
         discounts, credits, or other rate differentials for
16       properties on which fixtures or construction techniques
         that reduce windstorm loss have been installed or
17       implemented.

18  --   Authorizes a study by the Florida State University
         Department of Risk Management and Insurance on factors
19       affecting costs and potential assessments on consumers of
         personal lines property and casualty insurance in this
20       state.

21  --   Revises a reinsurance statute to specify that a single
         assuming insurer may use letters of credit to fund up to
22       half of the trust fund and trusteed surplus required to
         be maintained under current law.
23  
    --   Specifies that a premium finance company shall, within 15
24       days after an account has been overpaid, refund to the
         insured any refund due on the account or, if the refund
25       is sent or credited to the agent, return or credit to the
         agent the amount of the overpayment and notify the
26       insured of the refund amount.

27  --   Specifies that, for an action to be brought against a
         automobile joint underwriting plan (i.e., the Florida
28       Automobile Joint Underwriting Association), the
         Department of Financial Services and the plan must have
29       been given 90 days' written notice of the violation, and
         provides that the joint underwriting plan may require
30       from the insured proof that he or she has obtained the
         mandatory types and amounts of insurance from another
31       admitted carrier prior to the cancellation of a policy
         the insured obtained from the plan.
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