Senate Bill sb1478c2

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    Florida Senate - 2005                    CS for CS for SB 1478

    By the Committees on Governmental Oversight and Productivity;
    Banking and Insurance; and Senator Garcia




    585-2316-05

  1                      A bill to be entitled

  2         An act relating to public records and public

  3         meetings; creating s. 627.06292, F.S.; creating

  4         an exemption from public-records requirements

  5         for reports of hurricane loss data and

  6         associated exposure data that are specific to a

  7         particular insurance company; providing a

  8         definition; providing for review and repeal

  9         under the Open Government Sunset Review Act;

10         providing a statement of public necessity;

11         amending s. 627.0628, F.S.; creating an

12         exemption from public-records requirements for

13         trade secrets used in designing and

14         constructing hurricane loss models; creating an

15         exemption from public-meetings requirements for

16         that portion of a meeting of the Florida

17         Commission on Hurricane Loss Projection

18         Methodology or of a rate proceeding wherein

19         confidential and exempt trade secrets are

20         discussed; providing for review and repeal

21         under the Open Government Sunset Review Act;

22         providing a statement of public necessity;

23         providing a contingent effective date.

24  

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

26  

27         Section 1.  Section 627.06292, Florida Statutes, is

28  created to read:

29         627.06292  Reports of hurricane loss data and

30  associated exposure data; public-records exemption.--

31  

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    Florida Senate - 2005                    CS for CS for SB 1478
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 1         (1)  Reports of hurricane loss data and associated

 2  exposure data that are specific to a particular insurance

 3  company, as reported by an insurer or a licensed rating

 4  organization to the office or to a type I center at a state

 5  university pursuant to s. 627.06281, are exempt from s.

 6  119.07(1) and s. 24(a), Art. I of the State Constitution.

 7         (2)  For the purposes of this section, the term "loss

 8  data and associated exposure data" means the type, age, wind

 9  mitigation features, and location of each property insured;

10  the amount and type of coverage written on each of those

11  properties; the amount, date, and type of damage paid for by

12  the insurer on each property; and the amount of any reserves

13  held by an insurer for future payments or expenses on damages

14  associated with the date of occurrence of a hurricane.

15         (3)  This section is subject to the Open Government

16  Sunset Review Act of 1995 in accordance with s. 119.15, and

17  shall stand repealed on October 2, 2010, unless reviewed and

18  saved from repeal through reenactment by the Legislature.

19         Section 2.  The Legislature finds that it is a public

20  necessity that reports of hurricane loss data and associated

21  exposure data that are specific to a particular insurance

22  company be made exempt from public-records requirements. The

23  Legislature finds that revealing such information could

24  substantially harm insurers in the insurance market and give

25  competitor insurers an unfair economic advantage. Hurricane

26  loss data and associated exposure data of an insurer include

27  the type and location of properties insured by an insurer, the

28  amount of damage incurred by an insured, the amount a property

29  is insured for, and the reserves an insurer has for future

30  losses. This information is of value to an insurer and would

31  provide a competitive advantage if disclosed to another

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    Florida Senate - 2005                    CS for CS for SB 1478
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 1  insurer. Information concerning the hurricane losses that are

 2  paid by an insurer for specific types and locations of homes

 3  is proprietary in nature. Such information could be used by a

 4  competitor to solicit business by offering lower prices based

 5  on the information gathered. As such, the Legislature finds

 6  that the exemption for reports of hurricane loss data and

 7  associated exposure data is a public necessity.

 8         Section 3.  Section 627.0628, Florida Statutes, is

 9  amended to read:

10         627.0628  Florida Commission on Hurricane Loss

11  Projection Methodology; public records exemption; public

12  meetings exemption.--

13         (1)  LEGISLATIVE FINDINGS AND INTENT.--

14         (a)  Reliable projections of hurricane losses are

15  necessary in order to assure that rates for residential

16  property insurance meet the statutory requirement that rates

17  be neither excessive nor inadequate.  The ability to

18  accurately project hurricane losses has been enhanced greatly

19  in recent years through the use of computer modeling.  It is

20  the public policy of this state to encourage the use of the

21  most sophisticated actuarial methods to assure that consumers

22  are charged lawful rates for residential property insurance

23  coverage.

24         (b)  The Legislature recognizes the need for expert

25  evaluation of computer models and other recently developed or

26  improved actuarial methodologies for projecting hurricane

27  losses, in order to resolve conflicts among actuarial

28  professionals, and in order to provide both immediate and

29  continuing improvement in the sophistication of actuarial

30  methods used to set rates charged to consumers.

31  

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    Florida Senate - 2005                    CS for CS for SB 1478
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 1         (c)  It is the intent of the Legislature to create the

 2  Florida Commission on Hurricane Loss Projection Methodology as

 3  a panel of experts to provide the most actuarially

 4  sophisticated guidelines and standards for projection of

 5  hurricane losses possible, given the current state of

 6  actuarial science. It is the further intent of the Legislature

 7  that such standards and guidelines must be used by the State

 8  Board of Administration in developing reimbursement premium

 9  rates for the Florida Hurricane Catastrophe Fund, and may be

10  used by insurers in rate filings under s. 627.062 unless the

11  way in which such standards and guidelines were applied by the

12  insurer was erroneous, as shown by a preponderance of the

13  evidence.

14         (d)  It is the intent of the Legislature that such

15  standards and guidelines be employed as soon as possible, and

16  that they be subject to continuing review thereafter.

17         (2)  COMMISSION CREATED.--

18         (a)  There is created the Florida Commission on

19  Hurricane Loss Projection Methodology, which is assigned to

20  the State Board of Administration.  For the purposes of this

21  section, the term "commission" means the Florida Commission on

22  Hurricane Loss Projection Methodology. The commission shall be

23  administratively housed within the State Board of

24  Administration, but it shall independently exercise the powers

25  and duties specified in this section.

26         (b)  The commission shall consist of the following 11

27  members:

28         1.  The insurance consumer advocate.

29         2.  The senior employee of the State Board of

30  Administration responsible for operations of the Florida

31  Hurricane Catastrophe Fund.

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    Florida Senate - 2005                    CS for CS for SB 1478
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 1         3.  The Executive Director of the Citizens Property

 2  Insurance Corporation.

 3         4.  The Director of the Division of Emergency

 4  Management of the Department of Community Affairs.

 5         5.  The actuary member of the Florida Hurricane

 6  Catastrophe Fund Advisory Council.

 7         6.  An employee of the office who is an actuary

 8  responsible for property insurance rate filings and who is

 9  appointed by the director of the office.

10         7.  Five members appointed by the Chief Financial

11  Officer, as follows:

12         a.  An actuary who is employed full time by a property

13  and casualty insurer which was responsible for at least 1

14  percent of the aggregate statewide direct written premium for

15  homeowner's insurance in the calendar year preceding the

16  member's appointment to the commission.

17         b.  An expert in insurance finance who is a full-time

18  member of the faculty of the State University System and who

19  has a background in actuarial science.

20         c.  An expert in statistics who is a full-time member

21  of the faculty of the State University System and who has a

22  background in insurance.

23         d.  An expert in computer system design who is a

24  full-time member of the faculty of the State University

25  System.

26         e.  An expert in meteorology who is a full-time member

27  of the faculty of the State University System and who

28  specializes in hurricanes.

29         (c)  Members designated under subparagraphs (b)1.-5.

30  shall serve on the commission as long as they maintain the

31  respective offices designated in subparagraphs (b)1.-5. The

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    Florida Senate - 2005                    CS for CS for SB 1478
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 1  member appointed by the director of the office under

 2  subparagraph (b)6. shall serve on the commission until the end

 3  of the term of office of the director who appointed him or

 4  her, unless removed earlier by the director for cause. Members

 5  appointed by the Chief Financial Officer under subparagraph

 6  (b)7. shall serve on the commission until the end of the term

 7  of office of the Chief Financial Officer who appointed them,

 8  unless earlier removed by the Chief Financial Officer for

 9  cause.  Vacancies on the commission shall be filled in the

10  same manner as the original appointment.

11         (d)  The State Board of Administration shall annually

12  appoint one of the members of the commission to serve as

13  chair.

14         (e)  Members of the commission shall serve without

15  compensation, but shall be reimbursed for per diem and travel

16  expenses pursuant to s. 112.061.

17         (f)  The State Board of Administration shall, as a cost

18  of administration of the Florida Hurricane Catastrophe Fund,

19  provide for travel, expenses, and staff support for the

20  commission.

21         (g)  There shall be no liability on the part of, and no

22  cause of action of any nature shall arise against, any member

23  of the commission, any member of the State Board of

24  Administration, or any employee of the State Board of

25  Administration for any action taken in the performance of

26  their duties under this section. In addition, the commission

27  may, in writing, waive any potential cause of action for

28  negligence of a consultant, contractor, or contract employee

29  engaged to assist the commission.

30         (3)  ADOPTION AND EFFECT OF STANDARDS AND GUIDELINES.--

31  

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    Florida Senate - 2005                    CS for CS for SB 1478
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 1         (a)  The commission shall consider any actuarial

 2  methods, principles, standards, models, or output ranges that

 3  have the potential for improving the accuracy of or

 4  reliability of the hurricane loss projections used in

 5  residential property insurance rate filings.  The commission

 6  shall, from time to time, adopt findings as to the accuracy or

 7  reliability of particular methods, principles, standards,

 8  models, or output ranges.

 9         (b)  In establishing reimbursement premiums for the

10  Florida Hurricane Catastrophe Fund, the State Board of

11  Administration must, to the extent feasible, employ actuarial

12  methods, principles, standards, models, or output ranges found

13  by the commission to be accurate or reliable.

14         (c)  With respect to a rate filing under s. 627.062, an

15  insurer may employ actuarial methods, principles, standards,

16  models, or output ranges found by the commission to be

17  accurate or reliable to determine hurricane loss factors for

18  use in a rate filing under s. 627.062, which findings and

19  factors are admissible and relevant in consideration of a rate

20  filing by the office or in any arbitration or administrative

21  or judicial review.

22         (d)  The commission shall adopt revisions to previously

23  adopted actuarial methods, principles, standards, models, or

24  output ranges at least annually.

25         (e)1.  A trade secret, as defined in s. 812.081, that

26  is used in designing and constructing a hurricane loss model

27  and that is provided pursuant to this section, by a private

28  company, to the commission, office, or consumer advocate

29  appointed pursuant to s. 627.0613, is confidential and exempt

30  from s. 119.07(1) and s. 24(a), Art. I of the State

31  Constitution.

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    Florida Senate - 2005                    CS for CS for SB 1478
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 1         2.  That portion of a meeting of the commission or of a

 2  rate proceeding on an insurer's rate filing at which a trade

 3  secret made confidential and exempt by this paragraph is

 4  discussed is exempt from s. 286.011 and s. 24(b), Art. I of

 5  the State Constitution.

 6         3.  This paragraph is subject to the Open Government

 7  Sunset Review Act of 1995 in accordance with s. 119.15, and

 8  shall stand repealed on October 2, 2010, unless reviewed and

 9  saved from repeal through reenactment by the Legislature.

10         Section 4.  The Legislature finds that it is a public

11  necessity that a trade secret, as defined in section 812.081,

12  Florida Statutes, which is used in designing and constructing

13  a hurricane loss model and which is provided pursuant to law,

14  by a private company, to the Florida Commission on Hurricane

15  Loss Projection Methodology, the Office of Insurance

16  Regulation, or an appointed consumer advocate be made

17  confidential and exempt from public-records requirements and

18  be made exempt from public meetings requirements. Disclosing

19  trade secrets would negatively impact the business interests

20  of a private company that has invested substantial economic

21  resources in developing the model, and competitor companies

22  would gain an unfair competitive advantage if provided access

23  to such information. Reliable projections of hurricane losses

24  are necessary in order to ensure that rates for residential

25  property insurance meet the statutory requirement that rates

26  be neither excessive nor inadequate. This goal is served by

27  enabling the Florida Commission on Hurricane Loss Projection

28  Methodology, the Office of Insurance Regulation, and the

29  consumer advocate appointed pursuant to section 627.0613,

30  Florida Statutes, to have access to all aspects of hurricane

31  loss models, and encouraging private companies to submit such

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    Florida Senate - 2005                    CS for CS for SB 1478
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 1  models to the commission, office, and consumer advocate for

 2  review without concern that trade secrets will be disclosed.

 3  In addition, the Legislature finds that it is a public

 4  necessity to protect trade secrets discussed during meetings

 5  or rate proceedings, because release of such information via a

 6  public meeting or proceeding would defeat the purpose of the

 7  public-records exemption and would allow competitors and other

 8  persons to attend those meetings and discover the protected

 9  trade secrets.

10         Section 5.  This act shall take effect on the same date

11  that CS for CS for SB 1488 or substantially similar

12  legislation takes effect, if such legislation is adopted in

13  the same legislative session or an extension thereof and

14  becomes law.

15  

16          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
17                            CS/SB 1478

18                                 

19  Provides a definition for "loss data and associated exposure
    data."
20  
    Removes references to two stated exceptions to the exemption
21  because they were unnecessary.

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